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General Board / Civ Pro Multiple Choice question
« on: November 23, 2005, 03:25:18 PM »
I need help with this question below. I do not have the answer from the prof.
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George and Laura have joint ownership of a house in Texas. Laura's daughter, Jenna, by a previous marriage, moved into the house after George and Laura moved to Washington. George has filed suit to evict Jenna and for $100,000 in back rent. Jenna has filed a counterclaim alleging that she now has sole ownership of the house because Laura secretly gave her a deed. George moves to dismiss Jenna's counterclaim for failure to join a FRCP Rule 19 (necessary & indispensable) party, Laura. George is now a citizen of Washington and Jenna and Laura are citizens of Texas. The case has been filed in federal court, based solely on diversity.
A. The judge will dismiss the suit because you should never sue your mother.
B. Laura can be joined because this is a cross-claim and is a claim by a party not arising out of the same transaction or occurrence.
C. Laura need not be joined.
D. Laura cannot be joined because it would destroy diversity and thus the counterclaim must be dismissed.
E. Although Laura should be joined, she is only a necessary, not an indispensable party.
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I thought the answer should be D, but at the time the suit was filed, it would not destroy diversity and I thought that's when diversity counts, not after the filing. So I'm not sure if the sentence "George is now a citizen of Washington and Jenna and Laura are citizens of Texas" is to throw me off or the prof messed up and should have put that before the filing. I also thought Laura should be joined because she's co-owner but I'm not sure.
Any help and explanation is appreciated.
_____________________________ _____________________________ _____________________________ _
George and Laura have joint ownership of a house in Texas. Laura's daughter, Jenna, by a previous marriage, moved into the house after George and Laura moved to Washington. George has filed suit to evict Jenna and for $100,000 in back rent. Jenna has filed a counterclaim alleging that she now has sole ownership of the house because Laura secretly gave her a deed. George moves to dismiss Jenna's counterclaim for failure to join a FRCP Rule 19 (necessary & indispensable) party, Laura. George is now a citizen of Washington and Jenna and Laura are citizens of Texas. The case has been filed in federal court, based solely on diversity.
A. The judge will dismiss the suit because you should never sue your mother.
B. Laura can be joined because this is a cross-claim and is a claim by a party not arising out of the same transaction or occurrence.
C. Laura need not be joined.
D. Laura cannot be joined because it would destroy diversity and thus the counterclaim must be dismissed.
E. Although Laura should be joined, she is only a necessary, not an indispensable party.
_____________________________ _____________________________ _____________________________ _
I thought the answer should be D, but at the time the suit was filed, it would not destroy diversity and I thought that's when diversity counts, not after the filing. So I'm not sure if the sentence "George is now a citizen of Washington and Jenna and Laura are citizens of Texas" is to throw me off or the prof messed up and should have put that before the filing. I also thought Laura should be joined because she's co-owner but I'm not sure.
Any help and explanation is appreciated.
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