Judge Allyne Ross
Plaintiffs own real property throughout the Eastern District. Each holds flood insurance issued under the FEMA-administered National Flood Insurance Program. Each plaintiff alleged property damages caused by 2012′s Hurricane Sandy. They did not allege their policies were identical or contained the same terms, or that their properties were of similar value or in similar condition before Sandy. Other than stating that FEMA wrongfully denied their claims, plaintiffs did not explain what reason FEMA gave, or whether the same reasons were given to all plaintiffs. District court dismissed all plaintiffs, except Dante and Gusmorino, from suit. Informed by decisions from the Eastern District of Louisiana and the Southern District of Mississippi in insurance suits related to property damage caused by Hurricane Katrina, the court held plaintiffs were misjoined under Federal Rule of Civil Procedure 20(a). They did not explain why their individual claims should be joined other than that they shared two common features—they were brought about by Hurricane Sandy and brought against FEMA—and may raise similar legal theories. Thus, as in the Katrina cases, the facts relating to plaintiffs’ claims will be unique and require presentation of separate evidence.
