Great American Insurance Company v. Rivas et al

Filing 10

ORDER STRIKING AMENDMENT TO COMPLAINT. Signed by Judge Maxine M. Chesney on October 29, 2008. (mmclc2, COURT STAFF) (Filed on 10/29/2008)

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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court is plaintiff's "Amendment to Complaint in Interpleader," filed October 23, 2008. By said document, plaintiff seeks to amend the complaint to add a new defendant by purporting to substitute such defendant for a "Doe" defendant referenced in the complaint. In federal court, "[a]s a general rule, the use of `John Doe' to identify a defendant is not favored." See Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980). Even where a defendant is properly identified as a "Doe," when the plaintiff thereafter seeks to substitute a named defendant, the proper procedure is to file an amended complaint to add the new defendant and delete the "Doe" defendant. See, e.g., Lindley v. General Elec. Co., 780 F.2d 797, 801-02 (9th Cir. 1986) (holding plaintiff properly substituted named defendant for "Doe" defendant where plaintiff filed amended complaint adding named defendant and eliminating "Doe" as party; noting "[f]ederal procedure permitted plaintiffs to do no more"). v. THEODORE THOMAS KEVIN RIVAS, et al., Defendants. / GREAT AMERICAN INSURANCE CO, Plaintiff, No. C-08-4639 MMC ORDER STRIKING AMENDMENT TO COMPLAINT United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Accordingly, plaintiff's Amendment to Complaint is hereby STRICKEN. If plaintiff wishes to add a party to the instant action, it may file a First Amended Complaint in which such party is named as a defendant. See Fed. R. Civ. P. 15(a)(1) ("A party may amend its pleading once as a matter of course . . . before being served with a responsive pleading . . . ."). IT IS SO ORDERED. Dated: October 29, 2008 MAXINE M. CHESNEY United States District Judge 2

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