American National Property and Casualty Company v. Moore et al
Filing
38
MEMORANDUM OPINION AND ORDER denying defendants' 22 MOTION and 35 RENEWED MOTION for joinder of Lesley Reeves and Theresa Tyann Evans as cross-claim defendants. Signed by Judge John T. Copenhaver, Jr. on 8/20/2014. (cc: attys; any unrepresented parties) (taq)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
AMERICAN NATIONAL PROPERTY
AND CASUALTY COMPANY,
Plaintiff,
v.
Civil Action No. 2:14-10340
PAUL MOORE and
BARBARA NICHOLS,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending is defendants’ motion and renewed motion for
joinder (“motions for joinder”) of Lesley Reeves and Theresa Tyann
Evans as cross-claim defendants filed respectively on May 12 and
July 13, 2014.
As noted in the style of the motions for joinder,
defendants seek to file a cross claim.
They have attached to
their motions for joinder a “PROPOSED CROSS-CLAIM AGAINST LESLEY
REEVES AND AGENT THERESA TYANN EVANS.”
In the body of the motions
for joinder, however, they refer to the attachment as a thirdparty complaint.
A cross claim is not contemplated under these
circumstances inasmuch as the two proposed cross claim defendants
are not presently parties defendant to the case.
See Fed. R. Civ.
Proc. 13(g) (“A pleading may state as a crossclaim any claim by
one party against a coparty if the claim arises out of the
transaction or occurrence that is the subject matter of the
original action or of a counterclaim, or if the claim relates to
any property that is the subject matter of the original action.”)
(emphasis added).
It also appears that third-party practice is
inappropriate.
See Fed. R. Civ. Proc. 14(a) (“A defending party
may, as third-party plaintiff, serve a summons and complaint on a
nonparty who is or may be liable to it for all or part of the
claim against it.”) (emphasis added).
Further, this case is in the nature of a declaratory
judgment action.
The proposed individuals to be joined are not
parties to the applicable insurance contract.
It is, accordingly,
ORDERED that the motions for joinder be, and hereby are, denied.
The Clerk is directed to transmit copies of this written
opinion and order to all counsel of record and any unrepresented
parties.
ENTER: August 20, 2014
John T. Copenhaver, Jr.
United States District Judge
2
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