McClenton v. Cannon Chevrolet, Cadillac, Nissan Inc. et al

Filing 45

ORDER granting 42 Motion for Joinder. Within fourteen (14) days of this date, Plaintiff Georgia McClenton shall amend the complaint to add Christopher McClenton as a party plaintiff. However, if Mr. McClenton refuses to be joined as a plaintiff, within the same time frame, plaintiff shall amend the complaint to add Mr. McClenton as a party-defendant. Signed by Magistrate Judge Jane M. Virden on 12/4/17. (bfg)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
GEORGIA MCCLENTON

PLAINTIFF

VS.

CIVIL ACTION NO.: 4:16-cv-183-SA-JMV

CANNON CHEVROLET, CADILLAC,
NISSAN INC. D/B/A
CANNON MOTORS OF MISSISSIPPI,
FCA US LLC D/B/A CHRYSLER

DEFENDANTS
ORDER

Before the court is Defendant’s Motion for Joinder [42] of a party. Defendants seek to add
Plaintiff’s husband, Christopher McClenton, as a required party pursuant to Fed. R. Civ. P. 19,
and to, upon his joinder, have Christopher McClenton added as a plaintiff. According to
Defendants, the subject property is in the name of both Plaintiff and Christopher McClenton.
Defendants assert that Mr. McClenton could also sue to for damage to the property— therefore
resulting in the substantial risk of the Defendants’ incurring double, multiple, or otherwise
inconsistent obligations because of his interest in the property. Plaintiff does not oppose the
motion, and joinder would not destroy diversity. Accordingly, for good cause shown, the court is
of the opinion that the motion is well taken and should be GRANTED.
THEREFORE, IT IS ORDERED: 
1. That Defendant’s motion is hereby GRANTED. 
2. That within fourteen (14) days of this date, Plaintiff Georgia McClenton shall
amend the complaint to add Christopher McClenton as a party plaintiff, if Mr. McClenton is
willing to join the suit as a plaintiff. However, if Mr. McClenton refuses to be joined as a
plaintiff, within the same time frame, plaintiff shall amend the complaint to add Mr. McClenton
as a party-defendant. In the latter case, Plaintiff shall serve Mr. McClenton with process, along
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with a copy of this order, in accordance with Fed. R. Civ. P. 4, within 21 days of the filing of
the amended complaint. 
SO ORDERED this, the 4th day of December, 2017. 

/s/Jane M. Virden
UNITED STATES MAGISTRATE JUDGE

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