Ayers v. Ackerman

ORDER

HEMPHILL, District Judge.

This matter is before the court on the motion of the defendants to dismiss. The notice of motion lists four grounds which the defendants urge require the dismissal of the action. The grounds urged are: (1) Failure to state a claim upon which relief can be granted; (2) Failure to join an indispensable party whose presence if joined under Rule 19, Federal Rules of Civil Procedure would destroy requisite diversity of citizenship; (3) Violation of the requirements that the action be prosecuted by the real party in interest; (4) Lack of requisite diversity of…