Scottsdale Insurance v. RSE Inc.

MEMORANDUM

DALZELL, District Judge.

I. Introduction

We consider here defendant RSE Inc.’s (“RSE”) motion to dismiss plaintiff Scottsdale Insurance Company’s (“Scottsdale”) Complaint which seeks a declaratory judgment that it does not have a duty to defend or indemnify RSE in an underlying action in Pennsylvania state court. RSE argues that Scottsdale has failed to join necessary parties under Fed.R.Civ.P. 19, or, in the alternative, that we should decline to exercise jurisdiction because of the pending action in state court. We will consider RSE’s arguments in turn.

II. Standard of Review

To…