v.
Minuti
Opinion
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
RENEE A. CHRUSTOWSKI, ) ) Plaintiff, ) C.A. No.: K25C-09-021 NEP ) v. ) ) MICHAEL MINUTI, MCCANN ) DILLON JAFFE & LAMB, LLC ) ) Defendants. )
Submitted: September 18, 2025 Decided: October 22, 2025
ORDER 1
Upon Plaintiff’s Application to Proceed in Forma Pauperis GRANTED
Upon Court’s Consideration of Complaint DISMISSED
Upon consideration of Plaintiff’s complaint and motion to proceed in forma pauperis, the Court finds as follows: defendants. Furthermore, much of the alleged conduct occurred outside the State of Delaware, and thus it does not appear that this Court would have personal jurisdiction over the alleged actors even if they were named as defendants.
[*2][*3]named at all in the complaint. However, no Rule 19 analysis has been offered to proceed in their absence. 7. Superior Court Civil Rule 19 governs persons needed for just adjudication and provides the framework for dismissal under Rule 12(b)(7) where necessary parties are omitted and cannot be joined.13 The inquiry is threefold: First, the Court must decide whether absent persons are “necessary” parties.14 A party is considered necessary if:
(1) in the person’s absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may (i) as a practical matter impair or impede the person’s ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest. 15
Second, Rule 19(b) requires the Court to determine if the necessary parties can now be added to the action.16 Third, if joinder is not feasible, the Court must decide whether the action can proceed in their absence, or whether the absent persons are indispensable. 17 That determination requires the Court to consider whether, in equity and good conscience, the case should proceed among those presently before it or be dismissed, taking into account the factors enumerated in Rule 19(b).18 Where, as
13 Del. Super. Ct. Civ. R. 19; see Mishoe v. City of Dover Plan. Comm’n, 2025 WL 786049, at *7 (Del. Super. Mar. 12, 2025). 14 See Mishoe, 2025 WL 786049, at *7. 15 Id. 16 Id. 17 Id. 18 Id. The factors contemplated by Rule 19(b) are as follows: “First, to what extent a judgment rendered in the person’s absence might be prejudicial to the person or those already parties; here, Plaintiff predicates relief on the alleged conduct of numerous absent actors spanning decades who have not been joined or accounted for, dismissal is also warranted.
[*4][*5]Opinion
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
RENEE A. CHRUSTOWSKI, ) ) Plaintiff, ) C.A. No.: K25C-09-021 NEP ) v. ) ) MICHAEL MINUTI, MCCANN ) DILLON JAFFE & LAMB, LLC ) ) Defendants. )
Submitted: September 18, 2025 Decided: October 22, 2025
ORDER 1
Upon Plaintiff’s Application to Proceed in Forma Pauperis GRANTED
Upon Court’s Consideration of Complaint DISMISSED
Upon consideration of Plaintiff’s complaint and motion to proceed in forma pauperis, the Court finds as follows: defendants. Furthermore, much of the alleged conduct occurred outside the State of Delaware, and thus it does not appear that this Court would have personal jurisdiction over the alleged actors even if they were named as defendants.
[*2][*3]named at all in the complaint. However, no Rule 19 analysis has been offered to proceed in their absence. 7. Superior Court Civil Rule 19 governs persons needed for just adjudication and provides the framework for dismissal under Rule 12(b)(7) where necessary parties are omitted and cannot be joined.13 The inquiry is threefold: First, the Court must decide whether absent persons are “necessary” parties.14 A party is considered necessary if:
(1) in the person’s absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may (i) as a practical matter impair or impede the person’s ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest. 15
Second, Rule 19(b) requires the Court to determine if the necessary parties can now be added to the action.16 Third, if joinder is not feasible, the Court must decide whether the action can proceed in their absence, or whether the absent persons are indispensable. 17 That determination requires the Court to consider whether, in equity and good conscience, the case should proceed among those presently before it or be dismissed, taking into account the factors enumerated in Rule 19(b).18 Where, as
13 Del. Super. Ct. Civ. R. 19; see Mishoe v. City of Dover Plan. Comm’n, 2025 WL 786049, at *7 (Del. Super. Mar. 12, 2025). 14 See Mishoe, 2025 WL 786049, at *7. 15 Id. 16 Id. 17 Id. 18 Id. The factors contemplated by Rule 19(b) are as follows: “First, to what extent a judgment rendered in the person’s absence might be prejudicial to the person or those already parties; here, Plaintiff predicates relief on the alleged conduct of numerous absent actors spanning decades who have not been joined or accounted for, dismissal is also warranted.
[*4][*5]