*1 UN ITED STA TES D ISTRICT CO URT FOR TH E

SOU TH ERN DISTRICT O F FLO RID A

M iam i Division C ase N um ber: 16-24507-CIV -M O R EN O SHELITH EA H A LLU M S,

Plaintiff,

VS.

INFINITY W SURANCE COM PANY and

m FINITY AUTO INSURAN CE COM PANY,

Defendants. ORDER REOUIRING THAT PLAINTIFF CASTILLO'S LESSOR BE JOINED AS A

D EFEND A N T AN D G M N TIN G LEA VE T O A M EN D CO M PLA IN T THIS CAUSE came before the Court upon Plaintiffs' M otion for Clarification (D.E. 87), filed on M arch 7. 2018.

THE COURT has considered the m otion, the pertinent portions of the record, and being otherwise fully advised in the prem ises, it is

ADJUDGED that Plaintiff Castillo's lessor be joined as a DEFENDANT because absent the proper case excep tion 1 w hich is not present here , ikthe preferred method is to designate and lt '' ,

serve involuntary parties as defendants . . .'' Eikel v. States M arine Lines, Inc. , 473 F.2d 959, 961 (5th Cir . 1973). P a 2 l intiffs shall file a Second Amended Complaint no later than M arch 26. 2018, for the sole purpose of including Plaintiff Castillo's lessor as a DEFENDANT, thus perm itting the Clerk to issue a sum m ons. Defendants shall tsle an answ er to the Second A m ended Com plaint no later than A pril 2. 2018.

: dç-rhe proper case is m eant to cover only those instances where thc absent party has either a duty to allow the plaintiff to use his name in the action or some sort of an obligation to joint plaintiff in the action.'' Elkel, 473 F.2d at 962 (internal quotations omitted). 2 Fifth Circuit cases decided prior to October l , l 98 l are binding in the Eleventh Circuit. See Bonner v. City of Prichard, 661 F.2d 1206, 1209 (1 1th Cir. 1981) (en banc).

. o > X of M arch 2018 .

DONE AND ORDERED in Chambers at M iam i, Florida, this à,,,.'.* .. A

FED ERICO A . UNITED sTA Eseblslalc'r JUDGE

Copies furnished to:

Counsel of record