Manning v. Manning

MEMORANDUM OPINION AND ORDER

DAVID BRAMLETTE, District Judge.

This cause is before the Court on the defendants’ motion to dismiss for failure to join a required party (docket entry 54). Having carefully considered the motion and the plaintiffs’ response, the memoranda of the parties and the applicable law, and being fully advised in the premises, the Court finds as follows:

Rule 12(b)(7) of the Federal Rules of Civil Procedure provides that a party may assert, by motion, the defense of “failure to join a party under Rule 19.” Fed.R.Civ.P. 12(b)(7). Rule 19, “Required Joinder of Parties,”…