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REV100995
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REV100995
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Entry Properties
Last modified
8/25/2016 1:11:29 AM
Creation date
11/22/2007 12:41:53 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981044
IBM Index Class Name
Revision
Doc Date
1/14/2005
Doc Name
January 2005 Status Report on Litigation Received 1/14/05 (E-mail)
From
Jerry Nettleton
To
Janet Binns
Type & Sequence
RN4
Media Type
D
Archive
No
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they own a different type of interest than the Bazkers, additional pleading was required as <br />to Mr. Stinson and the State. Thus, the Amended Complaint states that Mr. Stinson and <br />the State each have a leasehold interest in the Property (¶¶21-23), that Empire is seeking <br />to establish that it has rights in the Property (¶30) that aze superior to the rights of Mr. <br />Stinson and the State (¶¶39,40), and that Empire is entitled to injunctive relief against Mr. <br />Stinson and the State (Amended Complaint, prayer for relief, ¶ B). The Amended <br />Complaint, therefore, not only adds Mr. Stinson and the State as parties, but pleads for <br />relief against them-a declazation that Empire's right to perform legally required <br />reclamation is senior to [heir leasehold interests, and injunctive relief preventing Mr. <br />Stinson and the State from interfering with Empire's rights. <br />Unlike Ms. Bazker, Mr. Stinson and the State could not simply be `joined" in this <br />action under Fed. R. Civ. P. 19. Mr. Stinson's interest as a lessee of the Property is <br />different than that of the Bazkers, and simply adding him as a defendant would not have <br />been sufficient because Empire needed to add specific allegations against Mr. Stinson <br />and his interest (Amended Complaint ¶¶ 21, 23, 39, 40). Similazly, the State's interest as <br />a lessee of the Property is different than that of the Barkers, and simply adding the State <br />as a defendant would not have been sufficient because Empire needed to add specific <br />allegations against the State and its interest (Amended Complaint ¶¶ 22, 23, 39, 40). <br />Empire thus needed to add specific allegations against Mr. Stinson and the State (and <br />their respective interests as lessees of the Property), requiring amendment of the <br />Complaint under Fed. R. Civ. P. 15(a). <br />In addition, however, the State could not have simply been joined under Fed. R. <br />Civ. P. 19 because the State is not a party "whose joinder will not deprive the court of <br />
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