United States District Court, W.D. Pennsylvania
January 12, 2015
KSURE OF NEW YORK CORPORATION, Plaintiff,
RAINEATER, LLC, Defendant.
CATHY BISSOON, District Judge.
Having reviewed the parties' submissions regarding Ksure's Motion (Doc. 52) to ratify, join or substitute as a plaintiff its parent corporation, Korea Trade, the Court is constrained to deny that Motion and dismiss this case for want of jurisdiction. Ksure has no valid rights with respect to the dispute between Korea Trade and Raineater, and, thus, it has suffered no injury-in-fact. Under the circumstances, the Court lacks constitutional standing and it cannot reach Ksure's arguments under Federal Rule 17. In re Herley Indus. Inc. Sec. Litig., 2009 WL 3169888, *7 (E.D. Pa. Sept. 30, 2009) ("a plaintiff without constitutional standing [can]not use Rule 17 to substitute a new plaintiff who suffered the alleged injury-in-fact") (citations to collected authority omitted); accord Wright v. Stanley, 2014 WL 1668534, *2 (W.D. Okla. Apr. 25, 2014) ("Rule 17's real-party-in-interest rule [was] irrelevant" where movant "lacked standing to sue, meaning the [c]ourt lacked jurisdiction") (citation omitted).
As Ksure acknowledges, its parent corporation is not without redress, and the proper course is for it to "simply re-file the lawsuit." Ksure's Mot. at ¶ 13. Obviously, the dismissal of this case is without prejudice to Korea Trade's initiation of proceedings on its own behalf.
Consistent with the foregoing, Ksure's Motion (Doc. 52) to ratify, join or substitute is DENIED, and this case is DISMISSED for want of jurisdiction.