Archer v. Methot et al

Filing 27

ORDER denying without prejudice 21 Motion for Joinder. Filing due on or before 9/25/09 as outlined. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Darcy Archer v. Sue Methot, et al. ORDER Darcy Archer brought claims of copyright and trademark infringement, breach of contract, and unfair trade practices against Sue and Gary Methot and the "Snow Flake Inn."1 In their Civil No. 09-cv-85-JD

answer, the defendants disclosed that the Inn is owned by Noel Renee, Inc., d/b/a the Snowflake Inn. Rene [sic], Inc. as a defendant.2 Archer moves to join Noel

The defendants filed a limited

objection, noting the misspelling of "Renee" and submitting that Noel Renee, Inc. should be substituted as a defendant for the Snowflake Inn. Given the general agreement of the parties concerning these minor matters, they should have been resolved between counsel without filing a motion. See Fed. R. Civ. P. 15(a)(2). It is a

Archer named the Snow Flake Inn as a defendant. defendants refer to the inn as the "Snowflake Inn."
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The

Archer mistakenly relies on Federal Rules of Civil Procedure 13(h), which applies to counterclaims and crossclaims.

waste of the court's time and resources to address an unnecessary motion. See LR 7.1(c).

Conclusion For the foregoing reasons, the plaintiff's motion to join (document no. 21) is denied without prejudice. Counsel shall discuss and attempt to resolve the issue of the proposed additional defendant. If successful, the plaintiff

shall file an assented-to motion to amend her complaint to add the appropriate defendant or substitute a defendant for the Snowflake Inn on or before September 25, 2009. If counsel are

unable to agree, they shall file a joint notice on or before September 25, 2009, in which they give detailed reasons for their disagreement, and the court will schedule a hearing to address the issue.

SO ORDERED.

____________________________ Joseph A. DiClerico, Jr. United States District Judge September 3, 2009 cc: Charles G. Holoubek, Esquire Donald L. Smith, Esquire

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