Quality Time, Inc. v. West Bend Mutual Insurance Company

Filing 31

MEMORANDUM AND ORDER denying without prejudice 25 Motion to Add Party Plaintiff. The denial is without prejudice to consideration of Plaintff's later motion (ECF No. 30). See Memorandum and Order for additional details. Signed by Magistrate Judge Gerald L. Rushfelt on 5/15/2012. (bw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
QUALITY TIME, INC.,
Plaintiff,
v.
WEST BEND MUTUAL
INSURANCE COMPANY,
Defendant.

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Case No. 12-1008-JTM-GLR

MEMORANDUM AND ORDER
The Court has before it a Motion to Add Party Plaintiff (ECF 25). Plaintiff thereby seeks an
order to add Tambra and Jarrod Geldenhuys as plaintiffs. For the following reasons the Court denies
the motion.
First, the motion fails to attach or otherwise include any proposed amended complaint to state
any claim(s) the additional plaintiffs may have. D. Kan. Rule 15.1.
Second, Plaintiff has pointed to nothing in its initial Petition Pursuant to Chap. 60 (ECF 1-1) that
states any claim the additional plaintiffs might have, were they added. Without allegations that they
assert a claim against Defendant, their addition as parties for some unspecified reason would simply
create confusion without useful purpose.
Third, it appears Plaintiff has sought to correct the procedural deficiencies of its motion. It has
more recently filed its Motion for Leave to Amend to Assert Claim for Reformation and Substitute Party
(ECF 30). This later motion appears to supercede and moot the former one.
For the foregoing reasons the Court denies the Motion to Add Party Plaintiff (ECF 25). Such
denial is without prejudice to the later motion. The Court does not find that the time for briefing it has
expired. Accordingly, the ruling here does not address the later motion on its merits.
IT IS SO ORDERED.
Dated in Kansas City, Kansas on this 15th day of May, 2012.

s/Gerald L. Rushfelt
Gerald L. Rushfelt
U.S. Magistrate Judge