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SCOTTS CO. LLC v. SEEDS, INC.

No. 11-35235.

688 F.3d 1154 (2012)

The SCOTTS COMPANY LLC, an Ohio limited liability company, Plaintiff-Appellant, v. SEEDS, INC., a Washington corporation; Millhorn Farms, Inc., an Idaho corporation; Maple Leaf Farms, Inc., a Washington corporation; Tim Freeburg, an Idaho sole proprietor; Mica Creek, Inc., a Washington corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2012.

Attorney(s) appearing for the Case

Colin Folawn, Schwabe, Williamson & Wyatt, Seattle, WA, for the plaintiff-appellant.

Roger Sandberg, Esser & Sandberg, Pullman, WA, for defendant-appellee Seeds, Inc.

Peter C. Erbland, Paine Hamblen, Coer d'Alene, ID, for defendants-appellees Millhorn Farms, Inc., Maple Leaf Farms, Inc., Mica Creek, Inc., and Tim Freeburg.

Before: PROCTER HUG, JR., A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Federal courts have broad authority to "look beyond the pleadings, and arrange" — or realign — "the parties according to their sides in the dispute." City of Indianapolis v. Chase Nat'l Bank of N.Y., 314 U.S. 63, 69, 62 S.Ct. 15, 86 L.Ed. 47 (1941) (internal quotation marks omitted). We hold that when a federal court evaluates realigning the parties in a case, it may not...

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