Gram v. May

OPINION

KRAFT, District Judge.

The defendant has moved to dismiss this personal injury action under Rule 12(b) (7), because of the plaintiffs’ failure to join, before the running of the statue of limitations, an “indispensable party” defendant, Gloria Gram, who is co-executor of the defendant Estate. After the defendant filed his motion to dismiss, the plaintiffs filed a motion for leave to amend their complaint to add the eo-executor as a party defendant.

In considering the defendant’s motion under Rule 12 we must take cognizance as well of Rule 19, which deals with “joinder of persons needed…