Re: MOTION FOR JOINDER TO ADD PARTIES

[andy671!]

Re: MOTION FOR JOINDER TO ADD PARTIES

If wish to add out of state persons as party defendants to a lawsuit where the corporation is already listed as defendant on complaint, for the purpose of making them party defendants so can depose them in state where they are not a resident of, but where the complaint was filed.

Would you recommend filing a Motion for Joinder of Parties or Motion for Leave to Amend Complaint to Add Additional Parties?

For Motion for Joinder of Parties: does a Delaware court have jurisdiction over non-residents that plaintiff wishes to add as party defendants to existing case? Company does business in state of Delaware as well as all 50 states.

Plaintiff would prefer to file a Motion for Joinder of Parties under Rule 19 or 20, rather than leave to amend the complaint. What are your thoughts?er Rule 19 or 20, rather than leave to amend the complaint. What are your thoughts?

 

[FlyingRon]

Is the company incorporated in Delaware?
Did these non-Delaware parties you wish to add transact their business in Delaware?

 

[andy671!]

Reply

Is the company incorporated in Delaware?
Did these non-Delaware parties you wish to add transact their business in Delaware?

No
Yes, and nationwide.

I was thinking that Delaware court may not have jurisdiction to add then as parties in motion for joinder of parties under Rule 20(a), so perhaps motion for leave to amend complaint to add as parties under Rules 15(a) and 15(c) is best.

The corporation is named as defendant but wish to add corporate officer.

Thank you for your answer.

 

[andy671!]

Reply

Is the company incorporated in Delaware?
Did these non-Delaware parties you wish to add transact their business in Delaware?

What state are you in?

 

[FlyingRon]

Is the company incorporated in Delaware?
Did these non-Delaware parties you wish to add transact their business in Delaware?

What state are you in?

North Carolina, why the hell does that make any difference?

Did these non-Delaware parties you wish to add transact their business in Delaware? You answered "Yes and Nationwide" which makes no sense.
If the party transacted the business IN DELAWARE or he resides in DELAWARE, then there is venue in Delaware. If the company is NOT a Delaware corporation and the cause of action didn't occur in Delaware, just because the company does business with other parties in Delaware doesn't give venue to the non-Delaware activity.

For example, let's say we're talking aboue Best Buy. They are a Minnesota corporation. If I go into a Delaware store (or even transact some business with their Delaware loation) and something happens, I can sue (or join a suit) in a Delaware court. If I transacted some business at my North Carolina Best Buy store, I don't get to sue (or join a suit) in Delaware just becasue Best Buy has some stores in Delaware.

 

[andy671!]

Re: Proper Action

I was answering yes to their doing business in Delaware where does business in all 50 states. I asked if you were in Delaware to possibly meet with you.

The defendants on complaint are corporation name which is located out of state. I wish to add two corporate officers as defendants to action.

A motion to leave to file fist amended complaint according to Rule 15(a) and Rule 15(c) seemed appropriate.

A motion for joinder of parties under Rule 20(a) where was unsure whether could add out of state residents as defendants.



North Carolina, why the hell does that make any difference?

Did these non-Delaware parties you wish to add transact their business in Delaware? You answered "Yes and Nationwide" which makes no sense.
If the party transacted the business IN DELAWARE or he resides in DELAWARE, then there is venue in Delaware. If the company is NOT a Delaware corporation and the cause of action didn't occur in Delaware, just because the company does business with other parties in Delaware doesn't give venue to the non-Delaware activity.

For example, let's say we're talking aboue Best Buy. They are a Minnesota corporation. If I go into a Delaware store (or even transact some business with their Delaware loation) and something happens, I can sue (or join a suit) in a Delaware court. If I transacted some business at my North Carolina Best Buy store, I don't get to sue (or join a suit) in Delaware just becasue Best Buy has some stores in Delaware.[/QUOTE]

 

[andy671!]

Reply

I was concerned that Motion for Joinder of Parties would be denied if court lacked jurisdiction over adding corporate officers as parties since are non-residents, although corporation that is already defendant does business in Delaware.

This is why thought that possibly motion for leave to file amended complaint might be better?



North Carolina, why the hell does that make any difference?

Did these non-Delaware parties you wish to add transact their business in Delaware? You answered "Yes and Nationwide" which makes no sense.
If the party transacted the business IN DELAWARE or he resides in DELAWARE, then there is venue in Delaware. If the company is NOT a Delaware corporation and the cause of action didn't occur in Delaware, just because the company does business with other parties in Delaware doesn't give venue to the non-Delaware activity.

For example, let's say we're talking aboue Best Buy. They are a Minnesota corporation. If I go into a Delaware store (or even transact some business with their Delaware loation) and something happens, I can sue (or join a suit) in a Delaware court. If I transacted some business at my North Carolina Best Buy store, I don't get to sue (or join a suit) in Delaware just becasue Best Buy has some stores in Delaware.[/QUOTE][/QUOTE]

 

[andy671!]

Amend / add parties

Re: Your Message
If the party transacted the business IN DELAWARE or he resides in DELAWARE, then there is venue in Delaware. If the company is NOT a Delaware corporation and the cause of action didn't occur in Delaware, just because the company does business with other parties in Delaware doesn't give venue to the non-Delaware activity.

If Delaware resident filed complaint in Delaware against out of state corporation that does direct and internet business nationwide, including Delaware, does Delaware court have jurisdiction to add corporate officers as party defendants to complaint commenced against corporation?

 

[FlyingRon]

Any attempt to add people who the court has no venue over will be immediately dismissed if challenged. You do two much boneheaded stuff because you're ignorant of the basic tenets of the law and you may end up being sanctioned.


Again, you seem to not be able to under stand the very simple concept of venue. If you're suing in a Delaware court you have to have one of two things:

One of the parties must either reside in Delaware (if a person) or be a Delaware corporation. -or-
The cause of action must accrue from something that occured within Delaware.

You can't just suck in everything the company does just because they did some business in Delaware, you have to limit your case to those which have Delware venue. You can't sue officers just because they are employed by a company that does business in Delaware in the Delaware court.

Further, and understand this, just because a company does business ON THE INTERNET, doesn't mean that since the INTERNET reaches Delaware that this suddenly gives you venue as well.

You just can't go willy nilly adding people. If you're trying to form a class action, understand that there's good reason that such things are usually filed in federal court, those courts have jurisdiction over things that span multiple states.

 

[quincy]

What is the cause of action?

 

[andy671!]

Jurisdiction

I, the plaintiff reside in Delaware where action was filed.

Defendants sell their products to end users located in Delaware via internet and thru direct in person solicitation.

Defendants are out of state where company is named in action. Looking to add officers as parties.

Any attempt to add people who the court has no venue over will be immediately dismissed if challenged. You do two much boneheaded stuff because you're ignorant of the basic tenets of the law and you may end up being sanctioned.


Again, you seem to not be able to under stand the very simple concept of venue. If you're suing in a Delaware court you have to have one of two things:

One of the parties must either reside in Delaware (if a person) or be a Delaware corporation. -or-
The cause of action must accrue from something that occured within Delaware.

You can't just suck in everything the company does just because they did some business in Delaware, you have to limit your case to those which have Delware venue. You can't sue officers just because they are employed by a company that does business in Delaware in the Delaware court.

Further, and understand this, just because a company does business ON THE INTERNET, doesn't mean that since the INTERNET reaches Delaware that this suddenly gives you venue as well.

You just can't go willy nilly adding people. If you're trying to form a class action, understand that there's good reason that such things are usually filed in federal court, those courts have jurisdiction over things that span multiple states.

 

[andy671!]

Jurisdiction

Plaintiff resides in Delaware where action was filed.

Defendants sell their products to end users located in Delaware via internet and thru direct in person solicitation.

Defendants are out of state where company is named in action. Looking to add officers as parties.

 

[quincy]

Plaintiff resides in Delaware where action was filed.

Defendants sell their products to end users located in Delaware via internet and thru direct in person solicitation.

Defendants are out of state where company is named in action. Looking to add officers as parties.

Have your defendants answered the complaint yet?

What is your cause of action? What products are being sold over the internet and purchased by residents of Delaware that has resulted in a lawsuit filed by you?

When products are sold over the internet, you often have a choice of filing in the defendant's state or where the cause of action arose (in your case, Delaware). The defendants can argue jurisdiction, which will increase the cost of your legal action.

 

[quincy]

andy671!, you can add your latest questions to this thread, as your questions are directly related to your civil action. Thanks.

 

[andy671!]

Re: Joinder

Disregard this first message.

andy671!, you can add your latest questions to this thread, as your questions are directly related to your civil action. Thanks.