Hinchliffe Sports Partners v. Football Is For The Fans Ltd.

Background

Pro se defendant Scott Michaels moved under Rules 17(a) and 19 of the Federal Rules of Civil Procedure to substitute Cosmos Soccer Club LLC (CSCL) for plaintiff Hinchliffe Sports Partners, LLC (Hinchliffe), or to add CSCL as a plaintiff. Michaels also made a related request for expedited discovery.

Rule 17(a) substitution

Rule 17(a) requires an action to be prosecuted in the name of the real party in interest—the person entitled under the applicable substantive law to enforce the asserted right. The court found that Hinchliffe, not CSCL, was the real party in interest because Hinchliffe acquired all right, title, and interest in the Cosmos trademarks from CSCL in a July 2025 transaction. The court therefore found no basis to substitute CSCL for Hinchliffe.

Rule 19 joinder

Rule 19 concerns compulsory joinder of a person whose absence would prevent the court from providing complete relief, impair that person’s ability to protect an interest, or create a substantial risk of inconsistent obligations. The court concluded that complete relief could be provided without CSCL because Hinchliffe had acquired the trademark rights. It also found that Michaels had not shown CSCL was claiming an interest related to the action. The court therefore found no basis to join CSCL as an involuntary plaintiff.

Ruling

Magistrate Judge Stewart D. Aaron denied Michaels’s motion to substitute or join. Because that motion was denied, the court stated that Michaels’s related request for expedited discovery was moot. The opinion does not state a separate disposition of the expedited-discovery request beyond finding it moot.