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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.

excess liability insurance policy, motion to dismiss, abstention, state court action, forum non conveniens, failure to join necessary parties, Federal Rule of Civil Procedure 19, FRCP 19, settlement, Federal Rule of Civil Procedure 12(b)(7), FRCP 12(b)(7), citizenship, jurisdiction

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