Forrest Gene English v. William J. Cowell

ZAGEL, District Judge.

Forrest G. English, who is also known as Guy Levine, challenges a district court order dismissing his suit for failure to join an indispensable party and for failure to sue in the proper name. This order was entered before any brief in opposition to the pending motion was filed, indeed, five days before the opposition brief was due. Because the district court deprived English of any opportunity to respond to the pending motion to dismiss and/or summary judgment, a deprivation we cannot say was harmless, we vacate the dismissal and remand the case with directions that…