1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1138 NORTH ALMA SCHOOL ROAD, SUITE 101

MESA, ARIZONA 85201

Telephone: 480.461.5300 | Fax: 480.833.9392

David R. Schwartz - #009264

das@udallshumway.com

Kimberly R. Davis - #030210

krd@udallshumway.com

Attorneys for Defendant Maricopa 

County Community College District

Maria Wise and Vivian Miranda

UNITED STATES DISTRICT COURT

DISRICT OF ARIZONA

James Rogers, an individual,

Plaintiff,

v.

Maricopa County Community College 

District, a political subdivision of 

Arizona; Maria Wise, an individual; and

Vivian Miranda-Strawbridge, an 

individual 

Defendants.

NO. CV2018-00605 PHX-GMS

MOTION TO JOIN PLAINTIFF’S 

SPOUSE AS A PARTY

Defendants hereby move to join Plaintiff’s spouse, Judy Ellen Rogers, as a party 

plaintiff pursuant to Federal Rule of Civil Procedure 19. Rule 19 allows for voluntary 

and involuntary joinder of a person as a party plaintiff when: (1) in the person’s absence 

complete relief cannot be accorded among those already parties or (2) the person claims 

an interest relating to the subject matter of the action and is so situated as a practical 

matter to impair or effect such person’s ability to protect their rights.

Such joinder of the Plaintiff’s spouse here is necessary because, assuming 

Defendants are the prevailing party, both spouses have to be joined as parties under 

A.R.S. § 25-215(D) (“in an action on such debt or obligation the spouses shall be sued 

jointly”) for the judgment (for costs and attorney’s fees if awarded) to be collectible 

against the marital community. Plaintiff is suing on behalf of the marital community, as 

Case 2:18-cv-00605-DWL Document 15 Filed 04/27/18 Page 1 of 3
2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

all property acquired during marriage is presumed to be community property. A.R.S. § 

25-211 (“All property acquired by either husband or wife during the marriage is the 

community property of the husband and wife except for property that which is: 1. 

Acquired by gift, devise or descent. 2. Acquired after service of a petition for 

dissolution of marriage, legal separation or annulment . . .”). Since the lawsuit seeks 

damages, including wages, these would be community assets. Absent joinder of the 

spouses in this lawsuit, Defendants may not be able to collect costs and/or attorney’s 

fees against the marital community on whose behalf the married Plaintiff is suing, so 

joinder is proper and necessary. Drotz v. Park Electrochemical Corp., 2012 WL 

1344729, * 8 (D. Ariz. 2012) (“Plaintiff's spouse is an indispensable party and must be 

joined”); Weimer v. Maricopa Cnty. Cmty. Coll. Dist., 184 F.R.D. 309, 310 (D.

Ariz.1998).

 Therefore, it is respectfully requested that this Court enter an order joining Judy 

Ellen Rogers as party plaintiff and directing the filing of an amended complaint naming 

her as a plaintiff.

DATED: April 27, 2018.

UDALL SHUMWAY PLC

/s/ David R. Schwartz 

David R. Schwartz

Kimberly R. Davis 

1138 North Alma School Road

Suite 101

Mesa, AZ 85201

Attorneys for Defendant Maricopa County 

Community College District, Wise and Miranda

Case 2:18-cv-00605-DWL Document 15 Filed 04/27/18 Page 2 of 3
3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CERTIFICATE OF SERVICE

I hereby certify that on April 26, 2018, I electronically filed the attached 

document using ECF for filing and transmitted the document through ECF to the 

following registered ECF users:

Israel G. Torres

James E. Barton, II

Saman Golestan

TORRES LAW GROUP, PLLC

2239 W. Baseline Rd.

Tempe, AZ 85283

Attorneys for Plaintiff

/s/ Kimberly Kershner

5162799.1

109883.024

Case 2:18-cv-00605-DWL Document 15 Filed 04/27/18 Page 3 of 3