Cohen v. District of Columbia National Bank

59 F.R.D. 84, 16 Fed. R. Serv. 2d 848, 1972 U.S. Dist. LEXIS 11513
CourtDistrict Court, District of Columbia
DecidedOctober 18, 1972
DocketCiv. A. No. 2110-69
StatusPublished
Cited by35 cases

This text of 59 F.R.D. 84 (Cohen v. District of Columbia National Bank) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen v. District of Columbia National Bank, 59 F.R.D. 84, 16 Fed. R. Serv. 2d 848, 1972 U.S. Dist. LEXIS 11513 (D.D.C. 1972).

Opinion

MEMORANDUM-ORDER

GASCH, District Judge.

Plaintiffs have brought this suit on behalf of themselves and a purported class of others similarly situated against several banks in the District of Columbia for alleged violations of the usury laws, the National Banking Act and the antitrust laws of the United States. Specifically, plaintiffs contend in count 2 of their complaint that the defendant banks have obtained interest in excess of 8 percent per annum on their unsecured installment loans by the use of an improper computational method for determining the interest rate and by the imposition of certain charges for the purpose of evading the usury statute. Count 1 alleges that the defendants have violated the antitrust laws by conspiring in restraint of trade to adopt and utilize practices which result in the exacting of money in excess of the statutory limits.

In the Memorandum-Order of June 30, 1971, this Court granted plaintiffs’ motion for separate trials on the substantive issues of usury and conspiracy and ordered that the usury count be given priority of trial. The Court remains convinced that the interests of justice and judicial administration require, as nearly as possible, the separate treatment of the two questions raised herein. Therefore, the following rulings only apply to the usury issue in the case. In an effort to advance this litigation from what is approaching a procedural maze to a fair disposition of the substantive issues, the Court now turns to a resolution of the following motions.

I. Motion to Join Additional Party Defendants.

Plaintiffs move this Court, pursuant to Rules 20 and 21 of the Federal Rules of Civil Procedure, for an order permitting them to add as a defendant each of the eleven District of Columbia banks not named in the complaint. Although the motion is brought under Rule 21, the [87]*87provisions which apply for determining the propriety of adding parties are those in Rule 20 (a). That Rule reads in part: “All persons . . . may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action.”

The motion for joinder of the eleven banks for the purpose of the usury issue is improper for the simple reason that under Rules 18(a) and 20(a) of the Federal Rules of Civil Procedure, relating to the joinder of claims and parties, the plaintiffs may not join a defendant for the purpose of asserting a claim which is not the claim of any of the named plaintiffs. Since the plaintiffs have not borrowed from any of the banks which they seek to join, they are unable to assert a “right to relief” that is essential under Rule 20(a).

Furthermore, the plaintiffs have failed to establish that their claims against the existing and proposed defendant banks constitute “the same transaction, occurrence, or series of transactions or occurrences” as required by Rule 20(a). Although there has been very little discussion in the cases on the precise meaning of this terminology in Rule 20(a), one court has suggested that the approach must be generally “whether there are enough ultimate factual concurrences that it would be fair to the parties to require them to defend jointly against them,”1 bearing in mind the convenience of the Court. Following this sensible approach and after reviewing the pleadings, memoranda, and affidavits in this case, the Court finds that the “transactions or occurrences” test has not been met. See Kenvin v. Newburger, Loeb & Company, 37 F.R.D. 473 (S.D.N.Y.1965). The substantial variations in loan policies and practices from bank to bank do not permit the addition of the eleven defendant banks under Rule 20(a). The diversity among the banks as to the period and terms of repayment, the rates and methods of computing interest, the size of loans, the volume of business, the requirements for life insurance, the imposition of credit investigation and other fees, precludes a finding that the plaintiffs’ claims arise out of the same transaction or occurrence or series of transactions or occurrences. Furthermore, these procedural differences among the various banking institutions would undoubtedly prove fatal to the plaintiffs’ contention that joinder is proper because there are “questions of law or fact common to all parties”; however, it is unnecessary to reach this determination since the motion to join additional defendants for the usury trial is denied for the reasons previously mentioned.

II. Motion to Join Additional Party Plaintiffs and Defendants.

Plaintiffs move this Court, pursuant to Rules 20 and 21 of the Federal Rules of Civil Procedure, for an order permitting them to make Judy Wolf, Roger Wolf, Judith Carr, and Robert Carr parties plaintiff and to make American Security and Trust Company and First National Bank of Washington parties defendant in this case. American Security and Trust Company has filed a lengthy memorandum in opposition to plaintiffs’ motion raising several questions concerning primarily the jurisdictional problems inherent in this motion. However, based upon the initial course this litigation will follow and the need for further study of the points involved, the Court will defer ruling on the motion to join additional party plaintiffs and defendants.

[88]*88III. Motion for a Separate Trial for Each Defendant on the Usury Issue.

The defendants move this Court, pursuant to Rules 20(b) and 42(b) of the Federal Rules of Civil Procedure, for an order directing that each defendant bank be given a separate trial on the usury claims asserted against it.

Rule 42(b) provides:

“Separate Trials. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues, always preserving inviolate the right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States.”

Courts have consistently held that the trial judge has broad discretion to order separate trials to prevent prejudice and to expedite a fair decision on the merits of a case. See cases collected in 2B Barron & Holtzoff, Federal Practice and Procedure, Sec. 943 n. 5 (Wright Ed. 1961). It has already been shown that there are significant differences in the practices and policies of the defendant banks in making the loans here in issue. Each bank is entitled to defend against the complaints of its own borrowers and to have its defense determined on the facts that are specifically relevant to its own activities.

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Bluebook (online)
59 F.R.D. 84, 16 Fed. R. Serv. 2d 848, 1972 U.S. Dist. LEXIS 11513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-district-of-columbia-national-bank-dcd-1972.