Mangiaracina v. BNSF Railway Co.
Mangiaracina v. BNSF Railway Co.
Opinion of the Court
ORDER DENYING DEFENDANTS’ MOTION TO JOIN NECESSARY PARTY
Re: ECF No. 61
Before the Court is Defendants’ Motion to Join Necessary Party as Voluntary or Involuntary Plaintiff. ECF No. 61. The Court will deny the motion.
I. BACKGROUND
A. Factual History
In this personal injury action, Plaintiffs Joel Mangiaracina and his wife Ranee Cha-loeicheep (collectively, “Plaintiffs”) assert claims for negligence and loss of consortium against BNSF Railway (“BNSF”), National Railroad Passenger Corporation (“Amtrak”), Contra Costa Transportation Authority (“CCTA”), and Contra Costa County (“the County”). ECF No. 50 (First Amended Complaint).
Plaintiffs’ injuries stem from a 2015 collision between a train and their vehicle. The incident occurred on a waterway known as the Middle River, near the town of Bixler in Contra Costa County. Id. ¶ 9. BNSF owns a railroad track just north of the area where people individuals can access the river. Id. BNSF leases the track to Amtrak, which uses the track to transport passengers between Bakersfield and Oakland. Id. The BNSF track crosses Fallman Road (“the Crossing”) near the Middle River access point. Id. As of August 2015, the Crossing “did not have bells, whistles, horns, gates, flashing lights or other active warning devices installed to warn individuals that a train was approaching the Crossing.” Id. ¶ 13.
On August 20, 2015, Plaintiff Joel Mangiar-acina drove his truck to the Middle River access point. Id. ¶ 9. “[I]n an attempt to clear space for another recreational user to drive away, and in order to turn around and leave himself, [Mr. Mangiaracina] drove his pickup truck (the ‘Truck’), with a jet sld on the attached trailer, onto the BNSF Track at the Crossing.” Id. ¶ 18. “While the Truck was stopped and waiting on the BNSF Track at the Crossing, Amtrak Train No. 713 (the ‘Train’), heading West on the San Joaquin Route at a high rate of speed, struck the Truck and sent it flying through the air and landing in the water, thereby causing him to suffer severe, life threatening and permanent injuries.” Id. When Mr. Mangiaracina’s truck hit the water, it struck Mackenzie Crane, who was floating on a raft below. ECF No. 63 at 2. Ms. Crane suffered severe and permanent injuries. Id.
B. Procedural Background
On July 22, 2016, Mackenzie Crane filed a personal injury action in Contra Costa County Superior Court naming BNSF, Amtrak, CCTA, the County, and Mangiaracina as defendants. ECF No. 61 at 4. One week later, on July 29, 2016, Plaintiffs filed this personal injury action in Contra Costa County Superi- or Court. ECF No. 1-1. Defendant Amtrak subsequently removed the suit to federal court on the ground that it is a federally-chartered railroad that is majority-owned by the United States and obtained the consent to remove from all defendants. ECF No. 1. In September 2016, CCTA filed a Motion to Dismiss, ECF No. 9, followed soon after by Plaintiffs’ Motion to Remand, ECF No. 15. This Court denied both motions. ECF No. 49.
Defendants BNSF and Amtrak now move to join Ms. Crane as a necessary plaintiff under Federal Rule of Civil Procedure 19(a). ECF No. 61. Both Plaintiffs and Ms. Crane oppose the motion.
II. LEGAL STANDARD
Federal Rule of Civil Procedure 19 governs required joinder of parties.
A party may be [required] under Rule 19(a) in three different ways. First, a person is [required] if, in his absence, the court cannot accord complete relief among existing parties. See Fed. R. Civ. P. 19(a)(1)(A). Second, a person is [required] if he has an interest in the action and resolving the action in his absence may as a practical matter impair or impede his ability to protect that interest. See Fed. R. Civ. P. 19(a)(l)(B)(i). Third, a person is*633 [required] if he has an interest in the action and resolving the action in his absence may leave an existing party subject to inconsistent obligations because of that interest. See Fed. R. Civ. P. 19(a)(l)(B)(ii).
Salt River Project Agriculture Improvement & Power District v. Lee, 672 F.3d 1176, 1179 (9th Cir. 2012).
Here, Defendants seek joinder of Ms. Crane as a plaintiff exclusively under the third prong of Rule 19(a).
“There is no precise formula for determining whether a particular nonparty should be joined under Rule 19(a),,..The determination is heavily influenced by the facts and circumstances of each case.” N. Alaska Envtl. Ctr. v. Hodel, 803 F.2d 466, 468 (9th Cir. 1986).
III. DISCUSSION
Defendants contend that Ms. Crane should be joined as a required party under Federal Rule of Civil Procedure 19(a)(l)(B)(ii). They argue that if this case proceeds in Ms. Crane’s absence, Defendants will face a “substantial risk of incurring double, multiple, or otherwise inconsistent obligations.” ECF No. 61 at 4. Specifically, Defendants argue that if Ms. Crane’s case and this case proceed in parallel, the two courts may make “inconsistent findings of liability and damages,” including making different findings with respect to comparative fault as between Defendants and Mr. Mangiaracina. Id. at 6. Defendants argue that, for example, if the state court in Ms. Crane’s action attributes 90% comparable fault to Mangiaracina and a federal court finds Mangiaracina the sole cause of the collision, it would result in inconsistent obligations under Rule 19(a)(l)(B)(ii). Id. According to Defendants, since “[n]either case would have res judicata effect on the other, because the parties are not the same — the absence of Ms. Crane in the federal case creates the risk of inconsistency.” Id. Defendants also suggest that “pragmatic considerations” further support the joinder of Ms. Crane as a plaintiff in this action. Id. at 6. Finally, Defendants accuse Mr. Mangiaracina’s counsel of contributing to the inefficiency and potential of parallel proceedings by refusing to consent to removal of Ms. Crane’s state court action to federal court. Id at 4.
Plaintiffs and Ms, Crane counter that Defendants are conflating “inconsistent obligations” with “inconsistent adjudications.” ECF No. 64 at 3-4; ECF No. 63-1 at 3-5. They cite several out-of-circuit cases in which courts have emphasized this distinction in holding that the possibility of inconsistent findings of liability and damages in tort actions arising from the same incident does not make the plaintiffs required parties under Rule 19(a). See id. Plaintiffs dispute Defendants’ suggestion that Plaintiffs’ counsel has orchestrated a plan to prevent Defendants from consolidating these cases in federal court. ECF No. 64 at 2. Plaintiffs and Ms. Crane agree that it would be preferable for the two cases to proceed in the same court,
As an initial matter, the parties do not dispute that the prerequisites for joinder of required parties under Rule 19 are met— namely, that Ms. Crane is subject to service of process, her joinder would not deprive the court of subject matter jurisdiction, and that she has an interest in the instant litigation. Fed. R. Civ. P. 19(a)(1), (a)(1)(B). Thus, the question before the Court is whether resolving this case in Ms. Crane’s absence would “leave [Defendants] subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.” Fed. R. Civ. P. 19(a)(l)(B)(ii). The Court finds no such risk here.
“The Ninth Circuit has held that ‘[ljiicon-sistent obligations occur when a party is unable to comply with one court’s order without breaching another court’s order concerning the same incident.’” St. Paul Fire & Marine Ins. Co. v. Ins. Co. of the State of Pennsylvania, No. 15-CV-02744-LHK, 2016 WL 1191808, at *10 (N.D. Cal. Mar. 28, 2016) (citing Cachil Dehe Band of Wintun Indians of the Colusa Indian Cmty. v. California, 547 F.3d 962, 976 (9th Cir. 2008)). “Inconsistent adjudications or results, by contrast, occur when a defendant successfully defends a claim in one forum, yet loses on another claim arising from the same incident in another forum.” Id.
The “substantial risk” that Defendants contend they would be subject to if Ms. Crane is not joined in this case is that the state court may find Mr. Mangiaracina to be only partially liable for the accident that caused Ms. Crane’s injury, while this Court may find Mr. Mangiaracina completely responsible. In this hypothetical situation, while the judgments of the two courts may be logically inconsistent — Le. they may be inconsistent adjudications — they would not create inconsistent obligations as Rule 19 has been interpreted in the Ninth Circuit. That is because Defendants would not be put in a situation where they could not comply with one court’s order without breaching another court’s order. St. Paul Fire & Marine Ins. Co., 2016 WL 1191808 at *10; see also Delgado, 139 F.3d at 3 (“[T]he mere possibility of inconsistent results in separate actions does not make the plaintiff in each action a necessary party to the other.”). Moreover, Ms. Crane and Plaintiffs, even if they may make similar allegations, ultimately have very different claims — Ms. Crane was not in the same place (in the water, as opposed to on the bridge) and was not injured in the same manner as Mr. Mangiaracina and Ms. Chaloeicheep. Thus, it is conceivable that two courts could make different, but not necessarily inconsistent, findings as to liability and damages. Moreover, even if Defendants are found liable in both actions, they would not face “double” liability since the injuries are distinct. See Coombs v. Munoz, No. C 09-00192 JSW, 2011 WL 2471278, at *2 (N.D. Cal. June 22, 2011) (“Moreover where two suits arising from the same incident involve different causes of action, defendants are not faced with the potential for double liability because separate suits have different consequences and different measures of damages.”) (quoting Delgado, 139 F.3d at 3).
The case on which Defendants primarily rely in their papers, Aguilar v. Los Angeles County, 751 F.2d 1089 (9th Cir. 1985), does not hold otherwise. In Aguilar, the plaintiffs brought suit in federal court, alleging that the defendant-hospital’s negligence caused their son to suffer permanent brain damage. Id. at 1091. The son was not a party in his parents’ action, but instead brought his own claim through his guardian ad litem in state court. Id, The Ninth Circuit affirmed the district court’s decision granting the defendant’s motion to dismiss for failure to join the son as an indispensable party. Id. In a later decision, the Ninth Circuit clarified that
On reply, Defendants make a different argument.
The Court disagrees. First, the fact that Plaintiffs and Ms. Crane may make some of the same allegations is irrelevant to the question of whether Ms. Crane is a required party in this case. Second, even if a state court and a federal court came to opposite conclusions regarding Defendants’ legal duties, it would result in inconsistent findings as to liability, but not necessarily inconsistent obligations as interpreted by Ninth Circuit law. In this case, Plaintiffs seek damages, medical expenses, and costs of the suit. ECF No. 50 at 14. Neither Plaintiffs nor Ms. Crane seeks injunctive relief that would require Defendants to, for example, take steps to ensure safety at crossings nationwide. Defendants are therefore at no risk of being “unable to comply with one court’s order without breaching another court’s order.” St. Paul Fire & Marine Ins. Co., 2016 WL 1191808 at *10. Moreover, Defendants would face the same risk with any case brought against them in any state court by any plaintiff. The same legal issues raised in this case with respect to track speed and whistle use, for example, are likely to be at issue in any tort case involving a collision at a railroad crossing. Certainly, Defendants would not argue that plaintiffs in all such cases brought in state court must be joined in this case. The risk of inconsistent adjudications is, of course, a valid concern, and is not unique to situations involving parallel actions in state and federal court. Indeed, even federal courts may apply the law differently depending on circuit splits. However, involuntary joinder of a plaintiff under Rule 19(a) is not the vehicle to resolve these issues. Accordingly, the Court concludes that Ms. Crane is not a required party under Rule 19(a)(l)(B)(ii).
CONCLUSION
The Court denies Defendants’ motion to join Ms. Crane as a required plaintiff under Federal Rule of Civil Procedure 19(a).
IT IS SO ORDERED.
. By order dated July 26, 2017, the Court granted Ms. Crane’s motion for leave to file an amicus curiae brief, noting that "she obviously has a stake in the motion’s outcome [and] [i]t stands to reason that the Court should allow her to express a view as to its merits." ECF No. 70 at 2.
. “As of December 1, 2007, Rule 19 no longer refers to 'necessary' or ’indispensable’ parties. Instead, it refers to 'persons required to be joined if feasible’ and persons in whose absence, if they cannot be joined, the action should not proceed.” E.E.O.C. v. Peabody W. Coal Co., 610 F.3d 1070, 1078 n.1 (9th Cir. 2010). According to the Advisory Committee notes to the 2007 amendment to Rule 19, the term “ 'indispensable’ was used only to express a conclusion reached by applying the tests of Rule 19(b)," and was therefore "redundant."
. Because Defendants’ do not advance arguments under the other prongs of Rule 19(a), the Court does not analyze them here.
. Though it is improper to raise new arguments in a reply brief, the Court will nevertheless consider Defendants’ arguments because, given the Court's denial of the motion, doing so would not prejudice Plaintiffs or Ms. Crane. See M.H. v. Cty. of Alameda, 90 F.Supp.3d 889, 895 (N.D. Cal. 2013) (exercising discretion to consider "improperly made new arguments in.. .reply brief” where non-moving party would not be prejudiced). Defendants are cautioned, however, that future violations of the Court’s rules may not be treated as flexibly.
. The Court also notes that simply joining Ms. Crane as a plaintiff in this ease would not, by itself, streamline adjudication of these cases, As Defendants concede, even if the Court were to join Ms, Crane, Defendants would then have to seek a stay of Ms, Crane's state court action, which, depending on the stage of that case, the state court could deny. ECF No, 69 at 6.
Reference
- Full Case Name
- Joel MANGIARACINA v. BNSF RAILWAY COMPANY
- Status
- Published