IN THE DISTRICT COURT OF THE UNITED STATES 

FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION 

DONNA DORSEY DAVIS, ) 

as an individual and derivatively upon behalf of ) 

I-65 Properties, Inc., ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) Civil Action No.: 2:06cv766-MHT 

 ) 

RICHARD M. DORSEY, ) 

as an individual, ) 

 ) 

 Defendants. ) 

 

PLAINTIFF’S ARGUMENT IN SUPPORT OF MOTION TO JOIN DORSEY MOTOR 

SALES, INC. AS A NECESSARY PARTY 

 COMES NOW, the Plaintiff, Donna Dorsey Davis, by and through her counsel of record 

and does show unto this Honorable Court the following: 

1. Although Defendant would continue to argue as to deadlines and time restraints, 

Defendant untimely filed an Answer and Counter-claim (which violated Rule 11 of the Fed. R. 

Civ. P.) to Plaintiff’s August 25, 2006 Complaint on February 8, 2007, the last day in which 

Plaintiff had to join a party. 

 2. Dorsey Motor Sales, Inc. voluntarily submitted itself to the jurisdiction of this 

Court as a Counter-Plaintiff. Counter-Plaintiff voluntarily dismissed the Counter-claim as it was 

improperly filed against Davis individually. Plaintiff now seeks, on behalf of I-65 Properties, 

Inc., to join Dorsey Motor Sales, Inc. as a party Defendant to address those issues and relief 

requested in the Counter-complaint so as to prevent future litigation. 

 3. The sole purpose and good cause for adding Dorsey Motor Sales, Inc. as a 

Defendant is to resolve one issue and one issue only: to determine whether the note that has 

been accruing since 1990 is either valid or barred by the statute of limitations (Ala Code § 7-3-

118 (1975)). If it is deemed to be valid, then the corporation would be virtually, if not, insolvent. 

 4. For further good cause, and in the interest of justice and judicial economy, the 

Plaintiff has continued to demonstrate to this Court that allowing Dorsey Motor Sales, Inc. to be 

included as a party Defendant would expedite the settlement of this case and the resolution of the 

business relations between a brother and a sister. 

Case 2:06-cv-00766-MHT-TFM Document 58 Filed 06/25/2007 Page 1 of 3
 5. Furthermore, Dorsey Motor Sales, Inc. voluntarily came into this action, and was 

more than willing to do so as a Plaintiff on February 8, 2007 (the last day in which it could be 

added by the Plaintiff). However, when it comes to being a defendant and resolving the same 

issues that was addressed in the Counter-Complaint, counsel for Dorsey Motor Sales, Inc. 

believes defending such would be prejudicial. There is no prejudice when all arguments 

regarding the note and participation of Dorsey Motor Sales, Inc. have been discussed and briefed 

to the Court extensively over the course of this litigation because of Plaintiff’s requirement to 

defend the frivolous claim. 

 WHEREFORE, THE ABOVE PREMISES CONSIDERED, the Plaintiff respectfully 

request pursuant to Rule 19 of the Federal Rules of Civil Procedure for an order directing that 

said Dorsey Motor Sales, Inc. be joined in this action as a party defendant. 

 Respectfully submitted, 

 //s// Lindsay B. Erwin

 Lindsay B. Erwin, Esq. 

 ASB-5299-Y59E 

 Attorney for Plaintiff/Counter-Defendant 

Meacham, Earley & Fowler, P.C. 

5704 Veterans Parkway 

Columbus, GA 31904 

(706) 576-4064 

Case 2:06-cv-00766-MHT-TFM Document 58 Filed 06/25/2007 Page 2 of 3
CERTIFICATE OF SERVICE

 I hereby certify that on the 25th day of June, 2007, I electronically filed the foregoing 

with the Clerk of the Court using electronic filing system which will send information of such 

filing to the following: 

 Clifford W. Cleveland 

 Cleveland & Colley, P.C. 

 P.O. Box 680689 

 Prattville, AL 36068 

 James E. Roberts, Esquire 

 4908 Cahaba River Road, Ste 204 

 Birmingham, AL 35243 

 //s// Lindsay B. Erwin

OF COUNSEL 

Case 2:06-cv-00766-MHT-TFM Document 58 Filed 06/25/2007 Page 3 of 3