Hall v. National Service Industries, Inc.

172 F.R.D. 157, 1997 U.S. Dist. LEXIS 5739, 1997 WL 214844
CourtDistrict Court, E.D. Pennsylvania
DecidedApril 28, 1997
DocketCivil Action No. 96-8717
StatusPublished
Cited by5 cases

This text of 172 F.R.D. 157 (Hall v. National Service Industries, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. National Service Industries, Inc., 172 F.R.D. 157, 1997 U.S. Dist. LEXIS 5739, 1997 WL 214844 (E.D. Pa. 1997).

Opinion

MEMORANDUM

LOWELL A. REED, Jr., District Judge.

Plaintiffs Keith and Kimberly Hall (“plaintiffs”), husband and wife, brought this action against defendants National Service Industries, Inc. (“National”) and Gary Lee Chapmon (“Chapmon”) in order to recover for damages they allegedly suffered as the result of a motor vehicle accident in Florida on or about December 20, 1994. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332, as the parties are of diverse citizenship, and the amount in controversy is in excess of ISO^OO.OO.1

Pending before this Court is the motion of defendant National to dismiss pursuant to Federal Rule of Civil Procedure 19 (“Rule 19”)2 or on the grounds of forum non conveniens, or, in the alternative, to transfer venue to the Middle District of Florida pursuant to 28 U.S.C. § 1404 (Document No. 11), and response of plaintiffs Keith and Kimberly Hall thereto. For the following reasons, I will deny the motion of National.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs Keith and Kimberly Hall, Pennsylvania residents, were vacationing in Orlando, Florida in late December 1994. While driving their rental car one morning from their hotel to a nearby health club, they were involved in a motor vehicle accident with defendant Chapmon. Plaintiffs allege that they were lawfully stopped at a red traffic light when a truck, driven by defendant Chapmon, struck their vehicle in the rear. Plaintiffs further allege that defendant Chapmon was employed by defendant National and that Chapmon was acting within the scope of his employment at the time of the accident. Plaintiffs seek damages for physical, emotional, and psychological injuries, and for loss of consortium they allegedly suffered as a result of this accident.

Plaintiffs originally filed their complaint on December 13, 1996 in the Court of Common Pleas of Philadelphia County, Pennsylvania. On December 31, 1996, defendant National petitioned for removal to the United States District Court for the Eastern District of Pennsylvania' pursuant to 28 U.S.C. §§ 1332(a) and 1441(b) (Document No. 1). In its petition for removal, counsel for National stated that Chapman had not been served with a complaint and/or writ of summons, and that if and when Chapmon is served, the same counsel will represent him as well.

II. DISCUSSION

A. Rule 19

Rule 19 governs joinder of necessary and indispensable parties.3 Preliminarily, I must [159]*159address the fact that plaintiffs did name, and hence technically joined, Chapmon in their complaint. However, this technical joinder does not necessarily circumvent the analysis required under Rule 19. National maintains that Chapmon was never properly served with the complaint. If and when he is properly served, according to National, Chapmon will not be subject to this Court’s personal jurisdiction, and therefore he should be dismissed from the lawsuit.

The parties do not dispute that Chapmon is a i’esident of Florida. Therefore, for purposes of resolution of the current motion, I will assume that Chapmon is not subject to this Court’s general personal jurisdiction. See Pa. Const. Stat. Ann. § 5301(a)(1) (requiring that in order to be subject to general personal jurisdiction, an individual must consent to such jurisdiction, or be present or domiciled in the state when process is served). The parties do not address specific personal jurisdiction. For purposes of analysis, I will also assume that Chapmon has not generated sufficient minimum contacts in Pennsylvania to render him subject to this Court’s jurisdiction on that basis. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475-76, 105 S.Ct. 2174, 2183-84, 85 L.Ed.2d 528 (1985); Grand Entertainment Group, Ltd. v. Star Media Sales, Inc., 988 F.2d 476, 482 (3d Cir.1993). I emphasize- that my assumptions that Chapmon is not subject to this Court’s personal jurisdiction is not a final finding, but merely a tool to proceed with the Rule 19 analysis, and therefore the parties may further present this issue at a proeedurally appropriate time.

Assuming that Chapmon will be dropped from the lawsuit upon a proper motion, the issue presented is whether Chapmon is a necessary and indispensable party under Rule 19. If yes, then the lawsuit may not proceed in the Eastern District of Pennsylvania. If no, the lawsuit may proceed in the Eastern District of Pennsylvania without him. National argues that Chapmon is a necessary and indispensable party under Rule 19, and because he cannot be joined due to lack of personal jurisdiction, the complaint must be dismissed as to both defendants.

Rule 19(a) provides guidance for determining whether a party is necessary and should therefore be joined in the action. Bank of Am. Nat’l Trust and Sav. Ass’n v. Hotel Rittenhouse Assocs., 844 F.2d 1050, 1053 (3d Cir.1988). If the party is necessary, then the court must join the party if feasible. Id. at 1053-54. However, if the party is not necessary, then the inquiry need go no further. Id. at 1054. Rule 19(b) governs the situation where a party is necessary and must be joined, but joinder can not be effectuated, such as when subject matter jurisdiction would be destroyed. Id. Where joinder of a Rule 19(a) necessary party is not feasible, the court must decide whether the party is indispensable, and hence the action cannot proceed without that party. Id.

“[T]he employee is not a necessary party to a suit against his employer under respondeat superior.” Rieser v. District of Columbia, 563 F.2d 462, 469 n. 39 (D.C.Cir. 1977). It is well established that Rule 19 does not require the joinder of principal and agent. See Nottingham v. General Am. Communications Corp., 811 F.2d 873, 880 (5th Cir.), cert. denied, 484 U.S. 854, 108 S.Ct. 158, 98 L.Ed.2d 113 (1987); Murphy v. Newport Waterfront Landing, Inc., 806 F.Supp. 322, 325 (D.R.I.1992); Bausch v. Philatelic Leasing, Ltd., 728 F.Supp. 1201, 1209 (D.Md.1989); Fuller et al. v. Prudential Ins. Co. of Am., Civ. No. 89-2016, 1989 WL [160]*160127499, at *2 (E.D.Pa. Oct.24, 1989); Nash v. Hall, 436 F.Supp. 633, 635 (W.D.Okla.1977); see also Cass v. Sonnenblick-Goldman Corp., 287 F.Supp. 815, 818 (E.D.Pa.1968).

In light of the foregoing precedent, I conclude that Chapmon is not a necessary party pursuant to Rule 19(a).

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172 F.R.D. 157, 1997 U.S. Dist. LEXIS 5739, 1997 WL 214844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-national-service-industries-inc-paed-1997.