Wheaton v. Diversified Energy, LLC

MEMORANDUM AND ORDER

VAN ANTWERPEN, District Judge.

Presently before this court are Defendant Diversified Energy, LLC’s (“Diversified”) Motion to Dismiss Under Rule 12(b) filed on January 2, 2003; and Plaintiff Heidi Wheaton’s Memorandum in Opposition to Defendant’s Motion to Dismiss filed on January 16, 2003. Plaintiff contends that this court has diversity jurisdiction pursuant to 28 U.S.C. § 1332. Defendant argues that J.F. Energy Corp. (“J.F. Energy”) is a necessary and indispensable party that should be joined under Rule 19. J.F. Energy’s joinder would destroy complete diversity. Defendant…