Opinion
CASE NO.: 02-16172, ADV. NO.: 02-1327 (Jointly Administered)
September 5, 2003
ORDER
The matter before the Court is William H. Maloof's Motion To Compel Debtors to Submit As Required by the Subpoena of the Examiner, G. Ray Warner, All Audio, Video, and Electronic Files Requested (Motion). Herein, Maloof seeks relief under Bankruptcy Rule 7017(a). The Debtor, Level Propane Gases, Inc., has filed a timely objection to the motion. Fed.R.Civ.P. Rule 17(a), made applicable to this matter under Rule 7017(a) of the Federal Rules of Bankruptcy, provides:
No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
Fed.R.Bankr.P, 7017(a). This rule requires that the parry who brings an action actually possess, under the substantive law, the right sought to be enforced. United HealthCare Corp. v. American Trade Ins. Co., 88 F.3d 563, 569 (8th Cir. 1996); 6A wright Miller, Federal Practice and Procedure § 1543, at 334 (2d ed. 1990). Herein, Examiner, G. Ray Warner, is the proper party who holds the right sought to be enforced by Maloof, The subpoena was issued by the Examiner. Therefore, Maloof lacks standing to prosecute the motion under Rule 7017(a). Accordingly, Maloof's motion is hereby denied.
IT IS SO ORDERED.