Reineke v. Antero Resources Corporation, 2:16-cv-00797

Plaintiff Robert Reineke was injured on July 8, 2015 while working at an Antero-owned oil well when a high-pressure vacuum hose was connected to the wrong tank and later released, striking his face.
Original complaint (Aug. 17, 2016) named Antero, Warrior Energy Services, and Superior; Amended complaint (Apr. 27, 2017) added AES (doing business as AES Safety Services) alleging AES was contracted to provide site safety and that AES and/or Warrior employees caused the injury.
Discovery indicated the workers who connected and released the hose were employed by Warrior, not AES.
Plaintiff moved under Fed. R. Civ. P. 21 to dismiss all claims against AES because AES was in Chapter 11 and discovery showed it was not the employer at issue.
Antero opposed only on the ground that AES was a necessary party under Rule 19. No other defendants opposed AES’s dismissal.
The Court granted the motion, dismissing and terminating AES as a party under Rule 21, concluding AES was only a potential joint tortfeasor and not a necessary or indispensable party.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether AES must remain as a party because it is a necessary party under Rule 19	AES is not necessary; discovery shows Warrior employees caused the injury and AES is, at most, a joint tortfeasor; AES may be dismissed under Rule 21	AES is necessary because AES employees allegedly caused Plaintiff's injuries and therefore must be part of litigation	Court held AES is not a necessary or indispensable party; joint tortfeasors are not required to be joined under Rule 19 and AES was dismissed under Rule 21

PaineWebber, Inc. v. Cohen, 276 F.3d 197 (6th Cir. 2001) (a joint tortfeasor is not a necessary party under Rule 19)
Temple v. Synthes Corp., 498 U.S. 5 (1990) (joint tortfeasors need not be joined as necessary parties)
Laethem Equip. Co. v. Deere & Co., [citation="485 F. App'x 39"] (6th Cir. 2012) (complete relief can be satisfied among present parties without joinder of other tortfeasors)
Philip Carey Mfg. Co. v. Taylor, 286 F.2d 782 (6th Cir. 1961) (Rule 21 governs dropping or adding parties)