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Sullivan v. Educational Credit Management Corp.

December 11, 2009

IN RE KENNETH D. SULLIVAN, DEBTOR
v.
EDUCATIONAL CREDIT MANAGEMENT CORPORATION, CLAIMANT



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 11th day of December, 2009, upon consideration of debtor Kenneth D. Sullivan's motion (Doc. 4) to join the United States Department of Education ("DOE") pursuant to Rule 19 of the Federal Rules of Civil Procedure, which was unopposed, and it appearing that the DOE is subject to service of process, see FED. R. CIV. P. 19(a) (requiring party to be subject to service), that joinder will not deprive the court of subject matter jurisdiction, see id. (stating that a party may be joined so long as doing so will not deprive the court of subject matter jurisdiction), and that in the DOE's absence, the court cannot accord complete relief among the existing parties,*fn1 see id. (explaining that a party must be joined if "in that person's absence, the court cannot accord complete relief among existing parties"), it is hereby ORDERED that:

1. The motion (Doc. 4) to join the United States Department of Education pursuant to Rule 19 is GRANTED. The United States Department of Education is hereby made a defendant in the above-captioned action. See FED. R. CIV. P. 19(a).

2. Debtor Kenneth D. Sullivan shall forthwith serve process upon the United States Department of Education pursuant to Rule 4 of the Federal Rules of Civil Procedure.

3. A pretrial and trial schedule shall issue by future order of court.

CHRISTOPHER C. CONNER United States ...


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