Summary
concluding that failure to satisfy requirements of Rule 19 prevents dismissal pursuant to Rule 12(b)
Summary of this case from Thurmond v. Suntrust Banks, Inc.Opinion
CIVIL ACTION NO. 09-3499.
January 28, 2010
ORDER
AND NOW, this 28th day of January, 2010, upon consideration of Defendant's Motion to Dismiss the Amended Complaint or, in the Alternative, to Transfer Venue (Docket No. 13) and Plaintiff's response thereto, and for the reasons stated in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:
1. Defendant's Motion is GRANTED insofar as it seeks dismissal of Count IV, the equitable subrogation claim.
2. The Motion is DENIED in all other respects.