FRE Building Co. v. JB&D Construction of NJ, Inc.

This matter is before the court on the request of the defendant Western World Insurance Company (“the defendant”), for amotion to dismiss the complaint of the plaintiff, FRE Building Company, Inc. (“the plaintiff’). In support of its motion, the defendant argues that the plaintiffs claim for declaratoiy relief should be dismissed because the plaintiff failed to demonstrate a justiciable controversy under G.L.c. 231 A, § 1 and failed to include necessary parties to this action pursuant to Mass.R.Civ.P. 12(b)(7) and 19(a). In the alternative, the defendant requests that this court transfer this…