Yates v. Foremost Farmers Direct Property and Casualty Insurance

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Jackie F. Yates
v. Case No. 25-cv-338-LM-AJ
Foremost Farmers Direct Property
and Casualty Insurance
REPORT AND RECOMMENDATION
Self-represented plaintiff, Ms. Yates, moves, on an
emergency basis, to add Saint Mary’s Bank as a necessary party
and to enjoin it from initiating foreclosure proceedings on Ms.
Yates’s property (Doc. No. 64). The district judge should deny
the motion.
Saint Mary’s Bank is Ms. Yates’s mortgage servicer. This
action relates to the defendant’s denial of insurance coverage
for water damage at Ms. Yates’s property. Without Saint Mary’s
Bank’s joinder, the court may still accord complete relief among
the existing parties. See Fed. R. Civ. P. 19(a)(1)(A). Ms.
Yates does not sufficiently relate her claim of wrongful
insurance denial to Saint Mary’s Bank’s impending foreclosure on
her property. See J&J Sports Productions Inc. v. Cela, 139 F.
Supp. 3d 495, 504 (D. Mass. 2015) (“That an existing party may
pursue or be subject to further litigation against other absent
parties has no effect on the analysis under Rule 19(a)(1)(A).”)
(citing Bacardi Int’l Ltd. v. V. Suarez & Co., 719 F.3d 1, 12
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(1st Cir. 2013)). Accordingly, Saint Mary’s Bank need not be
joined as a necessary party. This determination, however, does
not preclude Ms. Yates from pursuing her claims against Saint
Mary’s Bank through other means.
Because Saint Mary’s Bank is not a party to this action,
the court cannot enjoin it. See Additive Controls & Measurement
Sys., Inc. v. Flowdata, Inc., 154 F.3d 1345, 1351 (Fed. Cir.
1998) (“As a general matter, a court may not enjoin a non-party
that has not appeared before it to have its rights legally
adjudicated.” (citing Chase Nat. Bank v. City of Norwalk, 291
U.S. 431, 436–37 (1934))); Norgaard v. United States, No. CV 16-
12107-FDS, 2016 WL 6562043, at *2 (D. Mass. Nov. 3, 2016)
(“Except in limited circumstances not relevant here, a court may
not order injunctive relief as to non-parties to an action.”).
Accordingly, the emergency motion to add Saint Mary’s Bank
as a necessary party and for preliminary relief (Doc. No. 64)
should be denied. Any objections to this Report and
Recommendation must be filed within fourteen days of receipt of
this notice. Fed. R. Civ. P. 72(b)(2). Failure to file an
objection within the specified time waives the right to appeal
the district court's Order. See Santos-Santos v. Torres-
Centeno, 842 F.3d 163, 168 (1st Cir. 2016). Only those issues
raised in written objections to this Report and Recommendation
“are subject to review in the district court,” and any issues
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“not preserved by such objection are precluded on appeal.” Id.
(citations omitted).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
September 10, 2026
cc: Jackie F. Yates, pro se
Michael L. Snyder, Esq.
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