Midwestern Midget Football Club Inc. v. Riddell, Inc. et al
Filing
7
MEMORANDUM OPINION AND ORDER directing that defendants All American Sports Corporation, doing business as Riddell/All American, Riddell Sports Group, Inc., Easton-Bell Sports, Inc., Easton-Bell Sports, LLC, EB Sports Corporation, and RBG Holdings Co rporation are dismissed from this action without prejudice; the 6 first amended complaint to remain as the operative complaint in this case; defendant Riddell, Inc., may serve its answer or otherwise respond to the plaintiff's first amended complaint by 8/15/2014; and this order shall in no way affect any obligations imposed by Federal Rule of Civil Procedure 4. Signed by Judge John T. Copenhaver, Jr. on 7/3/2014. (cc: attys; any unrepresented parties) (taq)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
MIDWESTERN MIDGET FOOTBALL CLUB INC.,
Plaintiff,
v.
Civil Action No. 2:14-cv-14634
RIDDEL, INC. and
ALL AMERICAN SPORTS CORPORATION,
doing business as RIDDEL/ALL AMERICAN and
RIDDEL SPORTS GROUP, INC. and
EASTON-BELL SPORTS, INC. and
EASTON-BELL SPORTS, LLC and
EB SPORTS CORPORATION and
RBG HOLDINGS CORPORATION,
Defendants.
MEMORANDUM OPINION AND ORDER
On June 25, 2014, all parties in this case filed a
joint stipulation.
That stipulation states that:
After discussion between counsel for Plaintiff and counsel
for the Previously Named Defendants, the Plaintiff has
agreed to file, and has filed, an amended complaint naming
only Riddell, Inc. as the Defendant in this action.
The parties agree that, should Plaintiff later seek to
again join any of the Previously Named Defendants to this
action, they will not oppose the joinder on the grounds
that the joinder itself is untimely. The Previously Named
Defendants also agree that such joinder will relate back to
the filing of the original class action complaint for
purposes of any statute of limitations defense. The
Previously Named Defendants retain all rights to oppose
joinder on other grounds, or to oppose any amendment of the
complaint in any other respect.
The parties also jointly stipulate that an answer or
response to the amended complaint from the remaining
Defendant, Riddel, Inc., shall be due on August 15, 2014.
At the time that the joint stipulation was filed on June 25,
2014, the plaintiff had not filed any amended complaint.
Since
then, the plaintiff filed, on July 1, 2014, an amended complaint
naming Riddell, Inc. as the sole defendant.
Federal Rule of Civil Procedure 15(a) provides:
(a) Amendments Before Trial.
(1) Amending as a Matter of Course. A party may amend
its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive
pleading is required, 21 days after service of a
responsive pleading or 21 days after service of a
motion under Rule 12(b), (e), or (f), whichever
is earlier.
(2) Other Amendments. In all other cases, a party may
amend its pleading only with the opposing party's
written consent or the court's leave. The court should
freely give leave when justice so requires.
The court notes that the docket does not reflect that any
defendant has been served with a complaint in this case,
although an attorney representing all defendants has filed a
notice of appearance.
Also, the parties have agreed to
amendment of the complaint.
The court further notes that
Federal Rule of Civil Procedure 41(a)(ii) allows for voluntary
dismissal of “an action . . . by filing a stipulation of
2
dismissal signed by all parties who have appeared.”
may effect dismissal of certain claims in an action.
Either rule
See Wilson
v. Crouse-Hinds Co., 556 F.2d 870, 873 (8th Cir. 1977).
In any
event, in this case, both the requirements of Rule 15 and Rule
41 are satisfied.
However, Federal Rule of Civil Procedure 21 generally
provides for the addition or removal of parties by court order:
“On motion or on its own, the court may at any time, on just
terms, add or drop a party.”
Fed.R.Civ.P. 21.
Some courts have
interpreted Rule 21 to require court approval when parties are
altered in a case, even when the plaintiffs amend under Rule 15.
See, e.g., Thorp v. Petrola, 81 F.R.D. 513, 514-15 (N.D.W.Va.
1979).
In an abundance of caution, the court finds amendment
of the complaint and dismissal of the defendants other than
Riddel, Inc, justified, as the parties have agreed to dismissal,
no defendant has answered, the dismissal is without prejudice,
the court finds no prejudice, and no class has been certified.
Also, the defendants to be dismissed appear to be parent and
daughter companies of Riddell, Inc.
In addition, the court
notes that while this case is a class action, the court is not
obligated to abide by the procedure designated in Federal Rule
of Civil Procedure 23, as that rule applies to voluntary
3
dismissals of the “claims, issues, or defenses of a certified
class,” and the class in this case has yet to be certified and
no motion for class certification is pending.
Accordingly, it is ORDERED as follows:
(1) that defendants All American Sports Corporation,
doing business as Riddell/All American, Riddell Sports
Group, Inc., Easton-Bell Sports, Inc., Easton-Bell Sports,
LLC, EB Sports Corporation, and RBG Holdings Corporation
be, and they hereby are, dismissed from this action without
prejudice;
(2) that the first amended complaint, filed July 1, 2014,
shall remain as the operative complaint in this case;
(3) that defendant Riddell, Inc., may serve its answer or
otherwise respond to the plaintiff’s first amended
complaint on or before August 15, 2014; and
(4) that this order shall in no way affect any obligations
imposed by Federal Rule of Civil Procedure 4.
The Clerk is directed to forward copies of this
order to counsel of record and any unrepresented parties.
DATE: July 3, 2014
John T. Copenhaver, Jr.
United States District Judge
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?