Chandler v. GoPlus, Corp. et al

Filing 30

ORDER granting in part and denying in part 17 Motion for Joinder. The Clerk is directed to add Zhejiang Wuyi Shangxin Industrial and Trade Co. as a defendant in this case. Signed by Magistrate Judge G. R. Smith on 8/17/17. (jrb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
DORLENE CHANDLER,
Plaintiff,
v.
GOPLUS, CORP. & WEI WU,
Defendant.

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CV417-134

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ORDER
Plaintiff Dorene Chandler seeks to join manufacturer Zhejiang
Wuyi Shangxin Industrial and Trade Co. and “Importer XYZ” to this
product liability and negligence action, doc. 17, apparently to remedy
one of the glaring defects of her Complaint.

See doc. 4 (defendant

GoPlus, Corp.’s motion to dismiss the Complaint for, inter alia, failure
to join indispensable party Zhejiang).
GoPlus agrees that Zhejiang must be joined, and plaintiff’s
request to add Zhejiang is GRANTED.

It disagrees, however, that

“Importer XYZ,” a fictitious entity, should be joined, because there is no
basis in Georgia law -- nor does plaintiff cite one -- supporting her
position that “[i]mporters have duties towards buyers of imported
products” under Georgia law. Doc. 17 at 2 (noting that GoPlus and Wei

Wu are alleged to be “importers” in the Complaint and that Chandler
has “asked for the importer’s identity” but has not yet found out, and
asking that in the meantime “Importer XYZ” be named as a joined
defendant until its true identity can be discerned). The Court agrees -plaintiff has provided no basis in her 2 page motion to join her fictitious
importer entity, and her opposed motion to add Importer XYZ is thus
DENIED.
Chandler also seeks to amend the order granting the parties’
unopposed motion to stay to clarify that discovery should only be stayed
while service is being perfected on all defendants. Doc. 15 at 1. GoPlus
responds that its pending motion to dismiss, Wei’s yet-to-be filed
response, as well as the yet-to-be perfected service on newly joined
defendant Zhejiang, warrant an even longer stay than the one originally
contemplated. Doc. 27 at 2-4. These future actions will, at a minimum,
somewhat modify the nature and scope of discovery to be taken, as will
any further amendment to the Complaint to address the deficiencies
identified by GoPlus’ motion to dismiss and any other dismissal motion
filed. See doc. 4. The Court agrees -- regardless of the merit of GoPlus’
own motion, Chandler has necessarily changed the nature of her
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Complaint by adding this party, and both Wei’s and Zhejiang’s
responses will further alter the calculus. The Court will not modify its
Order granting the stay of discovery.
In sum, plaintiff’s motion for joinder is GRANTED in part as to
defendant Zhejiang Wuyi Shangxin Industrial and Trade Co. The Clerk
is directed to update the docket accordingly. Her request to modify the
Order staying discovery is DENIED.
SO ORDERED, this 17th

day of August, 2017.

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