National Credit Union Administration Board v. Morgan Stanley & Co. Incorporated et al

Filing 93

ORDER regarding joinder of parties. Signed by Magistrate Judge James P. O'Hara on 6/16/2014. (ah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
NATIONAL CREDIT UNION
)
ADMINISTRATION BOARD, as Liquidating )
Agent of U.S. Central Federal Credit Union,
)
)
Plaintiff,
)
)
v.
)
)
RBS SECURITIES, INC., et al.,
)
)
Defendants.
)
_______________________________________)
)
NATIONAL CREDIT UNION
)
ADMINISTRATION BOARD, as Liquidating )
Agent of U.S. Central Federal Credit Union
)
and Western Corporate Federal Credit Union, )
)
Plaintiff,
)
)
v.
)
)
WACHOVIA CAPITAL MARKETS LLC,
)
)
Defendant.
)
_______________________________________)
)
NATIONAL CREDIT UNION
)
ADMINISTRATION BOARD, as Liquidating )
Agent of U.S. Central Federal Credit Union
)
and Western Corporate Federal Credit Union, )
)
Plaintiff,
)
)
v.
)
)
UBS SECURITIES, LLC, et al.,
)
O:\NCUA cases\6-16 ORDER re indispensable party joinder.wpd

Case No. 11-2340-JWL

Case No. 11-2649-JWL

Case No. 12-2591-JWL

)
Defendants.
)
_______________________________________)
)
NATIONAL CREDIT UNION
)
ADMINISTRATION BOARD, as Liquidating )
Agent of U.S. Central Federal Credit Union,
)
Western Corporate Federal Credit Union, and )
Southwest Corporate Federal Credit Union,
)
)
Plaintiff,
)
)
v.
)
)
CREDIT SUISSE SECURITIES (USA) LLC, )
et al.,
)
)
Defendants.
)
_______________________________________)
)
NATIONAL CREDIT UNION
)
ADMINISTRATION BOARD, as Liquidating )
Agent of U.S. Central Federal Credit Union
)
and Western Corporate Federal Credit Union, )
)
Plaintiff,
)
)
v.
)
)
MORGAN STANLEY & CO. INC., et al.,
)
)
Defendants.
)
_______________________________________)

Case No. 12-2648-JWL

Case No. 13-2418-JWL

ORDER
On June 6, 2014, the court ordered the parties to show why a deadline of July 11,

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2014, should not be set for joinder of parties in these actions.1 In letters of June 13, 2014,
the parties presented their respective positions.2 Having considered these letters, it is hereby
ORDERED that each defendant asserting the defense that NCUA failed to join an
indispensable party shall disclose to NCUA by July 1, 2014, the identity of any party it
contends is indispensable and the reasons for that contention.
IT IS FURTHER ORDERED that by July 22, 2014, NCUA shall amend its pleadings
to join any indispensable parties. Any motion to dismiss based on a failure to join an
indispensable party must be filed by August 15, 2014. Any response is due September 12,
2014; any reply is due September 26, 2014.
IT IS FURTHER ORDERED that a defendant is precluded after August 15, 2014,
from asserting as an affirmative defense that NCUA has failed to join an indispensable party
unless the defendant can demonstrate that such defense is based on subsequently acquired
information, in which case a defendant must promptly advise NCUA accordingly.
Dated June 16, 2014, at Kansas City, Kansas.

s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

1

The show cause order was originally filed in the Southern District of New York on
June 2, 2014, and was adopted by this court on June 6, 2014.
2

In the District of Kansas cases captioned above, only defendants in case numbers 122591 and 13-2418 submitted response letters.
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