Denkmann Associates v. International Paper Co.

RULING ON MOTION TO DISMISS FOR FAILURE TO JOIN AN INDISPENSABLE PARTY AND FOR LACK OF SUBJECT MATTER JURISDICTION

POLOZOLA, District Judge.

The issue before the Court is whether IP Timberlands Operating Company, Ltd. (IPTO) is a party “needed for just adjudication” under Rule 19 of the Federal Rules of Civil Procedure and if so, whether the action should be dismissed because the Court lacks diversity jurisdiction under Carden v. Arkoma Associates, — U.S. -, 110 S.Ct. 1015, 108 L.Ed.2d 157 (1990). The Court finds that IPTO is a party “needed for just adjudication” of the issues involved in this…