20 F.R.D. 226 | S.D.N.Y. | 1957
The plaintiff, United States of America, moves “for an order, pursuant to 15 U.S.C. § 5, that the ends of justice require that plaintiff be granted leave to:
(1) join Warner Bros. Pictures, Inc., and Twentieth Century-Fox Film Corporation as additional parties defendant herein; and
(2) cause them to be summoned and served with a supplemental complaint in the form hereto annexed.”
In opposition to granting the relief sought, the proposed new parties are heard to argue,
The short answer to (1) supra is that only a trial can resolve the issue.
As to (2) supra, the argument ignores the allegations of the proposed supplemental complaint, wherein it is alleged that “New Warner” and “New Fox” have participated in unlawful activities, independently of any vicarious liability for the conduct of their respective predecessor corporations.
Plaintiff does not seek a substitution of parties under Federal Rule of Civil Procedure 25(c), 28 U.S.C.A.; it seeks to add new parties who must answer for their own deeds. Authority for the motion is found in Federal Rule of Civil Procedure 21
As to (3) supra, no trial date as been fixed in the instant action. No prejudice is shown to result to any person, including the proposed new parties, by reason of any undue delay on the plaintiff’s part. This objection, too, is without merit.
Oral argument appearing to be unnecessary, the motion of the plaintiff is granted. Settle an appropriate order on notice.
. 3 Moore’s Fed.Prac., 2d Ed., para. 21.05, p. 2909.
. 3 Moore’s Fed.Prac., 2d Ed., para. 21.04, p. 2906.