Mite Onder Fora (0697)

* United States District Court, Northern District of Dlinois
aero Magee Jags Charles P. Kocoras “than Asgued Suge
CASE NUMBER 02 C 7103 DATE 1/9/2003
CASE Brand vs, Rohr-Ville Motors, Inc.
TITLE
[in the following box (a) indicate the party filing the motion, ¢.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: ofthe motion being presented]
DOCKET ENTRY:
q@ Oo Filed motion of [ use listing in “Motion” box above.]
(2) QO Brief in support of motion due ___.
(3) o Answer brief to motiondue__. Reply to answer briefdue___.
(4) Oo Ruling/Hearing on setfor_ ss at_
(5) a Status hearing set for 2/20/2003 at 9:30 A.M..
(6) a Pretrial conference[held/continued to} [set for/re-set for]on__—ssetfor__——sat__—S.
(7) i Trial[set for/re-set for]on__—_at
(8) a [Bench/Jury trial] [Hearing] held/continued to__—__at
(9) ia} This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]

OOFRCP4(m) CO) Local Rule 41.1 O)FRCP41(a)(1) [ FRCP41(a)(2).

ao [Other docket entry] ENTER MEMORANDUM OPINION; Defendant’s motion (Doc 4-1) to
dismiss is denied. Defendant’s motion (contained in said motion to dismiss) to have Standifer joined is
granted. Brand is ordered to join Standifer within a reasonable period of time.

(il) [For further detail see order attached to the original minute order.]
No notices required, advised in open court.

No notices required, of eating

Notices mailed by judge's staff, i@AN 0 9 2003

Notified counsel by telephone. date docketed

ao | Docketing to mail notices.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
NIKKI BRAND, )
)
Plaintiff, )
)
vs. ) 027103
)
ROHR-VILLE MOTORS, INC., ) D
UheTEp
Defendant. ) JAN 9 9,
00.

MEMORANDUM OPINI
CHARLES P. KOCORAS, Chief District Judge:

This matter comes before the court on Defendant Rohr-Ville Motors, Inc.’s
(“Rohr-Ville”) motion to dismiss or, alternatively, to join a third party. Plaintiff Nikki
Brand failed to answer the motion. For the reasons set forth below, we grant the
motion to join the third party and deny the motion to dismiss.

Brand purchased a Kia automobile on credit from Rohr-Ville. Shortly thereafter,
Rohr-Ville allegedly revoked its extension of credit to her and repossessed the vehicle
in violation of the Illinois Commercial Code. Rohr-Ville allegedly never informed her
why her application for financing was denied in violation of the Equal Credit
Opportunity Act, 15 U.S.C. § 1691. It is also alleged that Rohr-Ville, when rejecting
Brand’s credit application and repossessing the vehicle, never provided the disclosure

required by the Fair Credit Reporting Act, 15 U.S.C. § 1681.



Rohr-Ville alleges (and provides supporting documentation) that Michael
Standifer co-purchased the Kia vehicle with Brand. Accordingly, Rohr-Ville seeks to
dismiss the case or to have Standifer joined. Rule 12(b)(7) provides for dismissal of
an action when there is a “failure to join a party under Rule 19.” Fed. R. Civ.
P. 12(b)(7). Rule 19(b) provides for dismissal only when a Rule 19(a) party “cannot
be made a party”. Fed. R. Civ. P. 19(b). Assuming for the moment that Standifer
qualifies as a Rule 19(a) party, we note that the record is entirely devoid of any
indication that he could not be made a party. Thus, the motion to dismiss is denied.

Rule 19(a), on the other hand, does grant some relief at this juncture.. Under
Rule 19(a) we will order a person to be joined if his absence would prevent complete
relief from being conferred among those already parties or would leave any of them
subject to a substantial risk of incurring double, multiple, or otherwise inconsistent
liability. Fed. R. Civ. P. 19(a). Brand alleges that Rohr-Ville illegally seized the
vehicle that she and Standifer purchased together. Brand does not dispute this and
offers no reason for not joining Standifer in this action.

The motion to dismiss is denied. The motion to have Standifer joined is granted.
Brand is ordered to join Standifer within a reasonable period of time.

Pore P beeen

Charles P. Kocoras
Chief Judge
(JAN = 9 2903 United States District Court

Dated:

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