Chaney v. Mobile County, Alabama
Order STRIKING fictitious parties set out in Plf's 1 Complaint as set out. Signed by Senior Judge Callie V. S. Granade on 6/7/21. (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
MOBILE COUNTY, ALABAMA,
CIVIL ACTION NO. 21-220-CG-M
ORDER DISMISSING FICTITIOUS PARTIES
The fictitious parties set out in Plaintiff’s Complaint are hereby STRICKEN
because fictitious party pleading is not generally recognized under the Federal
Rules of Civil Procedure. See, e.g., Fed.R.Civ.P. 10(a); 28 U.S.C. § 1441(a); Rommell
v. Automobile Racing Club of America, Inc., 964 F.2d 1090, 1098 n. 14 (11th Cir.
1992); Weeks v. Benton, 649 F.Supp. 1297, 1298 (S.D.Ala. 1986).1
DONE and ORDERED this 7th day of June, 2021.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE
Rule 15 of the Federal Rules of Civil Procedure governs amendment of the
pleadings should the plaintiff discover additional parties against whom she wishes
to assert claims. Plaintiff is further advised that the Court allows a reasonable
period of time to add parties and amend the pleadings once the discovery process
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