Monitronics International, Inc. v. Everest Indemnity Insurance Co.

Court: ND Tx  02/08/2019  District Court Denies Motion to Dismiss in Regard to Failure to Join Necessary Parties

After first finding that federalism concerns no longer existed because a state court action no longer was pending, the district court found that the insurer failed to assert the citizenship of the allegedly necessary parties to be joined and, therefore, denied the motion.

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Federal Rule of Civil Procedure 19FRCP 19motion to dismissFederal Rule of Civil Procedure 12(b)(7)excess liability insurance policyFRCP 12(b)(7)jurisdictionsettlementforum non convenienscitizenshipabstentionstate court actionfailure to join necessary parties

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