KSURE OF NEW YORK CORPORATION v. RAINEATER, LLC
Filing
61
ORDER. Ksure's Motion (Doc. 52 ) to ratify, join or substitute is DENIED, and this case is DISMISSED, without prejudice, for want of jurisdiction. Signed by Judge Cathy Bissoon on 1/12/15. (dcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KSURE OF NEW YORK
CORPORATION,
Plaintiff,
v.
RAINEATER, LLC,
Defendant.
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Civil Action No. 13-124E
Judge Cathy Bissoon
ORDER
Having reviewed the parties’ submissions regarding Ksure’s Motion (Doc. 52) to ratify,
join or substitute as a plaintiff its parent corporation, Korea Trade, the Court is constrained to
deny that Motion and dismiss this case for want of jurisdiction. Ksure has no valid rights with
respect to the dispute between Korea Trade and Raineater, and, thus, it has suffered no injury-infact. Under the circumstances, the Court lacks constitutional standing and it cannot reach
Ksure’s arguments under Federal Rule 17. In re Herley Indus. Inc. Sec. Litig., 2009 WL
3169888, *7 (E.D. Pa. Sept. 30, 2009) (“a plaintiff without constitutional standing [can]not use
Rule 17 to substitute a new plaintiff who suffered the alleged injury-in-fact”) (citations to
collected authority omitted); accord Wright v. Stanley, 2014 WL 1668534, *2 (W.D. Okla.
Apr. 25, 2014) (“Rule 17’s real-party-in-interest rule [was] irrelevant” where movant “lacked
standing to sue, meaning the [c]ourt lacked jurisdiction”) (citation omitted).
As Ksure acknowledges, its parent corporation is not without redress, and the proper
course is for it to “simply re-file the lawsuit.” Ksure’s Mot. at ¶ 13. Obviously, the dismissal of
this case is without prejudice to Korea Trade’s initiation of proceedings on its own behalf.
Consistent with the foregoing, Ksure’s Motion (Doc. 52) to ratify, join or substitute is
DENIED, and this case is DISMISSED for want of jurisdiction.1
January 12, 2015
s\Cathy Bissoon
Cathy Bissoon
United States District Judge
cc (via ECF email notification):
All Counsel of Record
Technically, Raineater’s Motion regarding lack of standing is not currently before the Court.
Compare Raineater’s Mot. (Doc. 48) with text Order dated Jul. 8, 2014 (denying Motion,
without prejudice, subject to automatic renewal once Ksure’s Motion to ratify is resolved).
Nevertheless, the Court believes that the standing issue sufficiently has been placed before the
Court to deem it ripe for adjudication. Even assuming the contrary, the Court’s duty to ensure
jurisdiction extends to sua sponte rulings, and both parties have enjoyed notice and an
opportunity to be heard.
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