Eugene Pyeatt, Plaintiff-appellant, v. William R. Goode, P.c. Defendant-appellee, 996 F.2d 1226 (9th Cir. 1993)

Before PREGERSON and KLEINFELD, Circuit Judges, and LEGGE, District Judge.^** 

MEMORANDUM^*** 

Eugene Pyeatt appeals the district court's dismissal of his action under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., for failure to join an indispensable party under Fed. R. Civ. P. 19. We review district court decisions regarding joinder under Fed. R. Civ. P. 19 for abuse of discretion. Hughes v. United States, 953 F.2d 531, 541 (9th Cir. 1992).

The district court reasonably concluded that under Oregon law the Creditors Protective Association might be collaterally estopped from litigating issues concerning the form of its summons in subsequent actions, because it is "in privity" with Goode. The court's determination that in equity and good conscience the action should be dismissed in the absence of the Creditors Protective Association was not an abuse of discretion. There is no injustice to Pyeatt because his decision not to join the Creditors Protective Association was a tactical choice, otherwise without justification. For the reason's set forth by the district court in its order dismissing Pyeatt's action, we affirm.¹ 

Pyeatt's motion to join the Creditors Protective Association as an indispensable party under Fed. R. Civ. P. 19 is DENIED and the district court's dismissal of this action is AFFIRMED.