Opinion
Case No. 02-CV-72226-DT
December 18, 2002
ORDER DIRECTING SUBMISSION OF JOINT MEMORANDUM
Plaintiff Stephen D. MacDonald initiated the instant action against Defendant United States of America on May 31, 2002. On September 9, 2002, Defendant submitted its "Answer and Counterclaims," asserting against Plaintiff Stephen D. MacDonald, Daniel P. Whaley, and Eric S. Smith. The court notes that Daniel P. Whaley and Eric S. Smith are not Plaintiffs in this action and counterclaims are generally designated as claims asserted against opposing parties. See Fed.R.Civ.P. 13. The court further notes that no motion (or stipulation) pursuant to Federal Rule of Civil Procedure 18 or 19 has yet been filed. See Fed.R.Civ.P. 13(h) ("Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with the provisions of Rules 19 and 20."). The court finds that the present alignment of the parties is, to some extent, confused. Accordingly,
Inasmuch as Daniel. P. Whaley has filed a "counterclaim of Daniel P. Whaley Against United States of America," and a motion for summary judgment thereon, the court anticipates that the confused nature of the present alignment is purely an administrative problem which can be easily fixed.
IT IS ORDERED that the parties shall consult with one another and submit a joint memorandum indicating the correct alignment of the parties on or before January 6, 2003. Plaintiff's counsel is DIRECTED to initiate the conference.
In the event the parties cannot agree on the proper alignment, the parties shall each submit their own memorandum, not to exceed three pages in length, expressing their respective views on alignment.
IT IS FURTHER ORDERED that Daniel P. Whaley's "Motion for Summary Judgment on Counterclaim of Daniel P. Whaley Against United States of America" [Dkt. 412] is HELD IN ABEYANCE pending resolution of the party alignment issue. A briefing schedule will issue after submission of the joint memorandum.