FEDERAL CIVIL PROCEDURE ONE

PROBLEM #5

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.............................................................................FACTS
Paul sues Donna. Donna responds to the Complaint with an Answer and a Counterclaim. Paul's lawyer moves to dismiss the counterclaim on the basis of State X law. The court denies Paul's dismissal motion. (See File below for relevant pleadings.)

Donna's lawyer then files a motion to dismiss Paul's complaint for failure to join Debbie. Debbie is a State X resident who was driving the car that pushed Donna's car into Paul's car. Without Debbie in this suit, it will be difficult for Donna to prove her general denial at trial, which is based on Debbie being the real cause of this accident. The court denies Donna's motion to dismiss and orders that the case continue.

Donna's lawyer ultimately discovers Debbie's whereabouts and serves her with a complaint in the Paul v. Donna suit. Debbie's lawyer responds with a motion to dismiss Donna's complaint for a lack of jurisdiction. The court denies the motion, ordering that the case proceed.

Paul's passenger Pat, who also resides in State X, files a separate claim against Donna in another suit in state court. Donna's insurance company fears that it may have to pay twice. It thus files an interpleader action, naming Paul and Pat as defendants, and deposits Donna's policy limits of $20,000.00 into the state X federal court. Paul's lawyer responds with a motion to dismiss the insurance company's complaint due to a lack of subject matter jurisdiction. The judge grabs her rubber stamp and denies this motion.

Question: Did the court properly rule on each motion? ["Discuss."]


.......................................................................................FILE
PAUL D. PLAINTIFF
..............v.
DONNA DEFENDANT		  ....COMPLAINT FOR MONEY DAMAGES
..........Federal District Court in the State of X

 .....1. This is a case arising under 28 USC §1332 (Diversity Jurisdiction). Paul is domiciled in State X. Donna is domiciled in State Y.

.....2. Donna's car hit Paul's car on a public freeway, when she was vacationing in State X.

.....3. Paul therefore seeks recovery from Donna for property damage to his car of $20,000.00 and personal injuries in the amount of $60,000.00, for a total amount of $80,000.00 in damages.

................................................................................. Lawrence Lawyer, III
..................................................................................Dewey, Cheatem & Howe
..................................................................................Attorneys for the Plaintiff

PAUL D. PLAINTIFF
..............v.
DONNA DEFENDANT		 .............DEFENDANT's ANSWER &
.COUNTERCLAIM AGAINST PLAINTIFF

...............................................................................ANSWER
.....Comes now Donna Defendant, who denies each and every charging allegation in the Plaintiff's Complaint.

.......................................................................COUNTERCLAIM
.....1. Donna Defendant herein seeks $25,000.00 in damages from Paul, for the emotional distress which Paul caused her. That harm occurred several days after the accident which is the subject matter of Paul's Complaint.

.....2. The parties were discussing settlement. At that time, Paul became extremely belligerent. He then threatened to hit Donna's car as a reprisal for her having initially hit Paul's car several days before this ensuing incident.

.......................................................................................... Wild Bill McTavish
............................................................................................Last, Only & Chance
............................................................................................Attorneys for the Defendant

....................................................................................LIBRARY
................................................... STATE X CODE OF CIVIL PROCEDURE

....§372.05.  A defendant's counterclaim must plead the exact type of claim sought in an original or amended Complaint. If the exact type of claim sought by a counterclaim filed by the defendant differs in any way from the Complaint, the defendant must file a separate law suit.

....§372.06.  This preceding provision of law is intended to reduce the complexity of cases prosecuted in this State, and to avoid unnecessary confusion during trial in State X courts.


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