capacity to sue or be sued or authority to sue or be sued is found in Fed.R.Civ.P. 9(a), which provides in relevant part: (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court.... Rule 9(a) speaks of three concepts: “capacity” to sue or be sued, “authority” to sue or be sued in a representative capacity and “legal existence” of an organized association. The rule thus implies that each of the three are distinct concepts with different meanings. See Roby v. Corporation of Lloyd’s, 796 F.Supp. 103, 110 (S.D.N.Y.1992) (Lasker, J.) (<HOLDING>), aff'd, 996 F.2d 1353 (2d Cir.), cert.
holding that plaintiffs lacked standing to sue holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act holding that rule 9a makes it clear that legal existence and capacity to sue are distinct concepts holding that the trustee alone has the capacity to sue and be sued  holding that employers have standing to sue