Western Home Transport, Inc. v. Hexco, LLC

ORDER DENYING MOTION TO DISMISS ON RULE 19 GROUNDS AND DENYING MOTION FOR SUMMARY JUDGMENT

CHARLES S. MILLER, JR., United States Magistrate Judge.

Before the court are pending motions by plaintiff Western Home Transport, Inc. (“Western”) for summary judgment and defendant Hexco, LLC, doing business as HC Company (“Hexco”) to dismiss for failure to join an indispensable party. The court held a telephonic hearing on the motions on April 25, 2014. The facts are either uncontested or stated most favorably for Hexco.

I. BACKGROUND

In October 2011, Hexco obtained a quote from Stone Creek Homes, Inc.…