United States District Court, M.D. Louisiana
FIREFIGHTERS' RETIRMENT SYSTEM, ET AL.
CITCO GROUP LIMITED, ET. AL.
SHELLY D. DICK UNITED STATES DISTRICT COURT
matter before the Court is the Motion to Dismiss Citco
Fund Services (Suisse) S.A. filed by co-defendant, Citco
Fund Services (Cayman Islands) Ltd. (“CFS Cayman
Islands”) purportedly on behalf of Citco Fund Services
(Suisse) S.A. (“CFS Suisse”). The Plaintiffs,
Firefighters' Retirement System,
(“Plaintiffs”) have filed an
Opposition to this motion, to which CFS Cayman
Islands, again purportedly on behalf of CFS Suisse, has filed
a Reply. For the following reasons, the Court finds
that CFS Cayman Islands lacks standing to proceed
representationally on behalf of CFS Suisse and, accordingly,
the Motion is DENIED.
Motion, filed by CFS Cayman, seeks relief on behalf of a
co-defendant CFS Suisse. CFS Suisse was named as a Defendant
in the present case in Paragraph 2(C) of Plaintiffs'
Petition. CFS Cayman Islands moves for dismissal of
co-defendant CFS Suisse on the grounds of insufficient
service of process. The Plaintiffs have opposed this
motion. The Motion is not properly before the
Court and as such shall be DENIED. CFS Cayman Islands lacks
the procedural capacity to move this Court for relief as to a
co-defendant, in this case, CFS Suisse.
LAW AND ANALYSIS - CFS Cayman Islands' Representative
Capacity to Seek Relief on Behalf of CFS Suisse
Southern District of Texas examined a factually similar
situation in Lopez v. Countrywide
Mortgage. In Lopez, Countrywide, a
defendant, moved to dismiss a co-defendant, Barrett Burke
(“Burke”), “because Plaintiff failed to
serve Burke with 120 days, as required by [FRCP]
4(m).” The court in Lopez dismissed
Countrywide's motion to challenge service on behalf of
Burke stating, “Countrywide has cited no authority, and
the Court has found none, to support Countrywide's
standing to challenge service on behalf of another
defendant.” Similarly, in this case, CFS Cayman
Islands is challenging service on behalf of CFS Suisse, a
co-defendant. The only authority that CFS Cayman cites for
its representational capacity to proceed on behalf of CFS
Suisse is found in Footnote 1 of its Memo which reads:
“The Court's Scheduling Conference Report and Order
dated December 14, 2016 sets a deadline for ‘any
party to file a motion to dismiss these entities.'
(ECF No. 356 at 3)(emphasis added). Citco Fund Services
(Cayman Islands) Ltd. has relevant information and is
therefore filing this motion to dismiss.” CFS Cayman
Islands' reliance on this order does not confer capacity
to act on behalf of a co-defendant.
United States District Court for the Southern District of
Mississippi in Spillers v. Tillman examined whether
a party may move for relief on behalf of a
co-defendant.In Spillers an attorney for
Tillman, a defendant, filed a notice of removal on behalf of
both Tillman and the co-defendant Hospital. The Notice of
Removal pleading was signed by counsel for Tillman, and the
court noted that “the Notice [of Removal] does not
state that [the attorney] is authorized to act for the
[co-defendant] Hospital.” The plaintiffs in
Spillers filed a motion to remand alleging that the
Hospital failed to join in the consent to removal within the
30 day period required by law. In granting the
plaintiffs' motion to remand, the Spillers court
held: “[Federal Rule of Civil Procedure] 11 does not
authorize one party to make representations or file pleadings
on behalf of another. Rather, Rule 11 requires that each
pleading, motion or other paper submitted to the court be
signed by the party or its attorney of record, if
present case, CFS Suisse has made no appearance and has no
counsel of record. Counsel for CFS Cayman Islands does not
purport to represent CFS Suisse. “[T]he meaning of Rule
11 is clear: ‘one attorney of record' refers to
each individual defendant and not to the defendants
collectively." Counsel who filed the present motion
represents CFS Cayman Islands, not CFS Suisse.
Cayman lacks capacity to move for relief on behalf of
co-defendant CFS Suisse. There is no motion before the Court,
submitted by CFS Suisse, in conformance with Rule 11 of the
Federal Rules of Civil Procedure. Accordingly the
Motion of CFS Cayman, is DENIED with prejudice.
above reasons, CFS Cayman Islands' Motion to Dismiss
Citco Fund Services (Suisse) S.A. is
DENIED.IT IS SO ORDERED. Signed
in Baton Rouge, Louisiana on August 14, 2017.
 Rec. Doc. 365.