The Hartley Company v. JF Acquisition, LLC d/b/a Jones & Frank

Filing 98

DECISION AND ENTRY FINDING THAT THE OHIO PETROLEUM UNDERGROUND STORAGE TANK RELEASE COMPENSATION BOARD IS A NECESSARY PARTY UNDER FEDERAL RULE OF CIVIL PROCEDURE 19, BUT THAT THE ELEVENTH AMENDMENT TO THE UNITED STATES CONSTITUTION PROHIBITS JOINDER OF THE BOARD BY THIS COURT; FINDING THE BOARD IS AN INDISPENSABLE PARTY, AS THIS CASE MAY NOT, IN EQUITY AND GOOD CONSCIENCE, PROCEED ABSENT THE BOARD'S PARTICIPATION; CAPTIONED CAUSE SHALL REMAIN ACTIVE ON THE COURT'S DOCKET FOR THIRTY (30 ) DAYS FROM THE DATE OF THIS ENTRY TO ALLOW PARTIES TO FILE MOTIONS FOR RECONSIDERATION; IF NO SUCH MOTION IS FILED, COURT WILL ISSUE ORDER REMANDING THE CAPTIONED CAUSE TO THE MIAMI COUNTY, OHIO, COURT OF COMMON PLEAS. Signed by Judge Walter H. Rice on 5/1/2017. (srb)