Salamanca v. Gardner et al
Filing
86
MEMORANDUM OPINION. Signed by Chief Judge Deborah K. Chasanow on 9/19/13. (sat, Chambers)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
ELSY N. SALAMANCA
:
v.
:
Civil Action No. DKC 12-2287
:
JUSTIN TYLER GARDNER, et al.
:
MEMORANDUM OPINION
Presently pending and ready for review in this wrongful
death
case
are
motions
to
intervene
filed
by
(1)
Cristina
Salamanca, (ECF No. 85), and (2) Dennis G. Salamanca Romero,
Jessie
Salamanca
Romero,
Veronica
E.
Salamanca
Romero,
and
Ernestina Salamanaca, as mother and next friend of Juan Carlos
Salamanca,
The
a
issues
minor
have
(collectively
been
briefed,
“Movants”).
and
hearing being deemed necessary.
the
(ECF
court
now
No.
74).
rules,
Local Rule 105.6.
no
For the
following reasons, the motions to intervene will be granted and
the
case
will
be
remanded
to
the
Circuit
Court
for
Prince
George’s County.
I.
Background
Plaintiff
Elsy
N.
Salamanca
(“Elsy”)
is
the
widow
of
Gilberto Salamanca (“Gilberto”), who died on November 6, 2010
while driving his vehicle on the Baltimore-Washington Parkway in
Prince George’s County.
On June 14, 2012, Elsy, individually
and as personal representative of Gilberto’s estate, filed a
wrongful death claim against Defendants Justin Tyler Gardner,
Wilbur Lee Starks, and UPS Ground Freight, Inc. in the Circuit
Court
for
Prince
George’s
County.
(ECF
No.
2).
Plaintiff
accuses Gardner of operating a motor vehicle at “an excessive
rate
of
speed
negligently
vehicle
[Gilberto’s]
and
causing
chang[ing]
[Gilberto’s]
lanes
in
vehicle
front
to
of
strike
Defendant Gardner’s vehicle, causing him serious injuries which
resulted in his death.”
(Id. ¶ 5).
Plaintiff made a similar
negligence claim against Defendant Starks, who also operated a
motor vehicle which struck Gilberto’s vehicle.
(Id. ¶¶ 12-17).
Finally,
Plaintiff
brought
action
Starks’s
employer,
UPS
a
wrongful
Freight,
for
death
negligent
against
entrustment.
These actions were brought under Maryland’s Wrongful Death Law,
Md. Code Cts. & Jud. Proc. § 3-904, and sought three million
($3,000,000)
dollars
from
each
defendant
for
compensatory,
solatium, and support damages.1
On August 2, 2012, Defendants filed a notice of removal
with
this
court,
premised
on
diversity
jurisdiction
under
Sections 1331 and 1441 of title 28 of the United States Code.
(ECF No. 1).
Elsy is a resident of Maryland, while Defendants
1
Plaintiff, on behalf of the estate, also brought a
survival action against Defendant UPS Freight.
(ECF No. 2, ¶¶
18-23).
2
Starks, Gardner, and UPS Freight are all residents of Virginia.
(Id.).
The court issued a scheduling order on November 2, 2012,
setting
the
close
of
discovery
for
March
18,
2013,
and
the
deadline for dispositive pretrial motions as April 16, 2013.
(ECF No. 23).
These deadlines were subsequently extended to
June 3, 2013 and July 1, 2013, respectively.
Movants
marriages.
are
Gilberto’s
mother
and
(ECF No. 49).
children
from
prior
Importantly for this case, it is undisputed that
Movant Dennis Salamanca Romero resides in Virginia.
Movants
filed their own wrongful death lawsuit against Defendants in the
Circuit Court for Prince George’s County on November 26, 2012.
(ECF No. 74, ¶ 7).
On August 2, 2013 and September 11, 2013, Movants filed
their motions to intervene pursuant to Rule 24 of the Federal
Rules of Civil Procedure.
(ECF Nos. 74, 85).2
Defendants filed
their opposition on August 15, 2013, (ECF No. 77), and Movants
replied on September 3, 2013.
II.
(ECF No. 83).
Analysis
Maryland’s wrongful death statute provides that an action
for
wrongful
death
“shall
be
for
2
the
benefit
of
the
wife,
Cristina Salamanca filed her motion to intervene separate
from the other Movants on September 11, 2013.
(ECF No. 85).
Defendants have not yet responded to that motion, but for the
reasons that follow, the issue is ready for resolution.
3
husband, parent, and child of the deceased person.”
Cts. & Jud. Proc. § 3-904(a)(1).
beneficiaries
proportioned
wrongful death.”
Id.
to
Md. Code,
“Damages are awarded to the
the
injury
§ 3-904(c)(1).
resulting
from
the
Generally, “an action
under this subtitle shall be filed within three years after the
death of the injured person.”
Id. § 3-904(g)(1).
Gilberto died
on November 6, 2010, putting the end of the limitations period
at November 5, 2013.
Importantly for this case, the statute mandates that “only
one action [for wrongful death] lies in respect to the death of
a person.”
Id. § 3-904(f).
This rule is “designed to protect a
defendant from being vexed by several suits instituted by or on
behalf of different equitable plaintiffs for the same injury,
when all the parties could be joined in one proceeding.”
Univ.
of Maryland Medical Sys. Corp. v. Muti, 426 Md. 358, 374 (2012)
(quoting Walker v. Essex, 318 Md. 516, 523 (1990) (quotation
marks omitted)).
Furthermore, Maryland Rule 15-1001(b) provides
that “[a]ll persons who are or may be entitled by law to claim
damages
by
reason
of
the
wrongful
death
shall
be
plaintiffs whether or not they join in the action.
named
as
The words
‘to the use of’ shall precede the name of any person named as a
plaintiff who does not join in the action.”
(emphasis added).
Such “use plaintiffs” are required to be served with a copy of
the complaint and notice that they may intervene.
4
Md. Rule 15-
1001(d).
A “use plaintiff” desiring to intervene must do so
within the three-year statute of limitations.
Md. Rule 15-
1001(e)(2).
Elsy’s complaint never listed the Movants as plaintiffs or
“use plaintiffs.”
Movants contend that they were never provided
the notice required by Rule 15-1001(d), although they admit that
they became aware of Elsy’s lawsuit in August 2012.
¶¶ 4, 7).
case
Movants state that they did not seek to join Elsy’s
because
they
did
not
think
destroying diversity jurisdiction.
that
(ECF No. 74
this
potential
destruction
they
could
(Id. ¶ 7).
of
do
so
without
Movants believed
diversity
jurisdiction
allowed them to file their own lawsuit in state court without
violating
the
“one
case”
rule.
(ECF
No.
83,
¶
2).
Consequently, “they informed [Elsy] that they intended to file a
separate action in state court and invited [Elsy] to join in
their action.”
now
bring
their
(ECF No. 74, ¶ 7).
motion
to
They argue that they only
intervene
because
the
outcome
of
Defendants’ pending motion for summary judgment in Elsy’s case
may impair or impede their ability to protect their interests
due to the principle of res judicata and the one cause of action
limit for wrongful death claims in respect of a decedent.
(Id.
¶ 8).
Defendants
allege
that
accuse
Movants
Movants
knew
of
of
gaming
Elsy’s
5
the
lawsuit
system.
They
and
well
were
apprised of its progress and yet still chose to file a separate
suit in state court.
was
to
obtain
all
Defendants posit that Movants’ strategy
the
discovery
and
deposition
materials
produced in the federal court action while hoping that they
could use a favorable outcome in Elsy’s lawsuit to their benefit
in state court.
Only when Defendants filed a meritorious motion
for summary judgment in Elsy’s case did Movants realize their
strategy might backfire and brought this motion to intervene.
Defendants argue that Movants’ motion should be denied because
it is untimely and would result in prejudice given the federal
case’s advanced stage and resources already expended.
(ECF No.
77, at 6-11).
Movants,
argument.
to
raise
in
their
reply,
turn
around
the
gamesmanship
They contend that Defendants waited until July 2013
their
“one
case”
argument,
while
their
motion
for
summary judgment was pending in Elsy’s case, a motion they felt
confident would be granted which they could turn around and use
against Movants in their state case.
(ECF No. 83 ¶ 6).3
Maryland law is clear that a wrongful death action must
include all known beneficiaries either as joined plaintiffs or
“use plaintiffs.”
that
“the
The Court of Appeals of Maryland has written
Legislature
intended
3
that
all
such
beneficiaries’
If Defendants knew of Dennis Salamanca Romero and his
state of citizenship prior to removal, one might question the
decision to remove in the first instance.
6
claims
be
brought
together
bringing the action.”
(1993).
within
the
period
prescribed
for
Waddell v. Kirkpatrick, 331 Md. 52, 64
Indeed, a “judgment should not [be] entered in the
circuit court unless it include[s] the interests of all of the
known beneficiaries.”
Walker, 318 Md. at 524.
Therefore, “if
one of a decedent’s beneficiaries is absent from a wrongful
death lawsuit, Maryland law requires that a judgment rendered in
favor of the beneficiary or beneficiaries who did prosecute the
suit be vacated.”
Johnson v. Price, 191 F.Supp.2d 626, 629
(D.Md. 2001) (citing Walker, 318 Md. at 523-24).
As in Johnson, to side with the Defendants and omit Movants
from this case would result in an incomplete judgment which
would eventually be vacated.
“the
failure
to
include
a
Because of the “one case” rule,
known
statutory
beneficiary
as
a
plaintiff or a ‘use plaintiff’ in a wrongful death action . . .
can be analogized to the failure to join a necessary party in an
action
where
joinder
is
required.”
Williams
v.
Work,
192
Md.App. 438, 455 (2010), aff’d sub nom. Ace Am. Ins. Co. v.
Williams, 418 Md. 400 (2011).
The
parties
expend
their
energies
arguing
over
whether
Movants may intervene as of right pursuant to Rule 24, but that
misses the point.
It is not a matter of whether Movants must be
allowed to intervene if they so choose, but instead, whether
Movants must be joined as part of the action regardless of their
7
desires.
For that latter question, the court is to examine
whether joinder of the Plaintiffs under Rule 19 is appropriate.
See
Republic
of
Philippines
v.
Pimentel,
553
U.S.
851,
861
(2008) (“A court with proper jurisdiction may also consider sua
sponte the absence of a required person and dismiss for failure
to join.”).
Movants
are
undeniably
indispensable
parties
to
the
Plaintiff’s side because in their absence, “the court cannot
accord complete relief among existing parties.”
19(a)(1)(A).
Fed.R.Civ.Pro.
But joining Movants as plaintiffs would destroy
diversity, as Dennis Salamanca Romero is a resident of Virginia.
See, e.g., Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365,
373 (1978) (requiring complete diversity of citizenship between
each defendant and each plaintiff in order to support diversity
jurisdiction).
Consequently, the question becomes whether under
Rule 19(b) the case could and should proceed without Dennis
Salamanca Romero as a plaintiff.
Under Rule 19(b), this case cannot go forward without all
Movants being joined as plaintiffs.
Any judgment rendered in
this case in their absence would be prejudicial to the parties
and
inadequate
as
Maryland’s
wrongful
death
statute
mandates
that only one cause of action be brought for the death of a
person.
Md.
Code,
Cts.
Walker, 318 Md. at 524.
&
Jud.
Proc.
§
309-4(g);
see
also
Elsy has an adequate remedy if the
8
Movants are joined: the case is remanded to the state court.
Finally, there is no way to shape the relief in this case to
lessen
the
prejudice,
“without
trampling
on
the
long-held
Maryland requirement that only one wrongful death action lies
for the death of a person.”
Johnson, 191 F.Supp.2d at 630.
Similar to the Plaintiffs in Johnson, all known beneficiaries
are indispensable parties in a Maryland wrongful death action.
Regardless of the resources already expended in this case, it
would be more wasteful to ignore the facts and refuse to allow
Movants to join this case as any judgment eventually rendered by
the court would be vacated for not resolving the claims of all
beneficiaries, who “shall be named as plaintiffs.”
1001(b).
Because
destroys
diversity
cannot,
“in
equity
Movant
and
Dennis
he
and
is
good
Md. Rule 15-
Salamaca
necessary
a
Romero’s
party,
the
court
proceed
with
this
conscience,”
action among the existing parties.
residency
Fed.R.Civ.Pro. 19(b); see
also Ward v. Walker, 725 F.Supp.2d 506, 511-12 (D.Md. 2010)
(dismissing action where joined plaintiff destroys diversity);
Johnson,
191
F.Supp.2d
at
630
(same).
complaint must be remanded to state court.
(“If
at
any
time
before
final
judgment
Therefore,
Elsy’s
28 U.S.C. § 1447(c)
it
appears
that
the
district court lacks subject matter jurisdiction, the case shall
be remanded.”).4
4
Even if Movants were passive actors who should have been
9
III. Conclusion
For the foregoing reasons, the motions to intervene filed
by
Cristina
Salamanca,
Dennis
G.
Salamanca
Romero,
Jessie
Salamanca Romero, Veronica E. Salamanca Romero, and Ernestina
Salamanaca, as mother and next friend of Juan Carlos Salamanca,
a minor, will be granted and the case shall be remanded to the
Circuit Court for Prince George’s County.
A separate order will
follow.
/s/
DEBORAH K. CHASANOW
United States District Judge
named merely as “use plaintiffs,” remand to the state court
would have been proper. See Williams, 192 Md.App. at 455.
10
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