Barker v. Chanault et al.,

Filing 79

ORDER DENYING MOTION TO SUBSTITUTE PARTY AND GRANTING REQUEST TO AMEND ANSWER [re 59 Order, 52 MOTION to Substitute Party American Express Centurion Bank as Defendant filed by The American Express Company]. Signed by Judge William Alsup on 6/19/2017. (whasec, COURT STAFF) (Filed on 6/19/2017) (Additional attachment(s) added on 6/19/2017: # 1 Certificate/Proof of Service) (dl, COURT STAFF).

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
KENNETH BARKER,

11
For the Northern District of California

United States District Court

10

Plaintiff,

12
13
14

No. C 16-05647 WHA

v.
ORDER DENYING MOTION
TO SUBSTITUTE PARTY
AND GRANTING REQUEST
TO AMEND ANSWER

AMERICAN EXPRESS COMPANY,
Defendant.
/

15
16

On May 11, 2017, defendant moved to substitute party or, in the alternative, to amend

17

its answer filed on January 30, 2017 to make clear that it was answering as American Express

18

Company by striking the words “American Express Centurion Bank, incorrectly identified as.”

19

At a hearing on June 15, 2017, defendant clarified that it withdraws its motion to substitute

20

party, but seeks leave to amend its answer. Plaintiff did not object.

21

Defendant’s motion to substitute is DENIED AS WITHDRAWN. Defendant’s motion to

22

amend its answer to remove “American Express Centurion Bank incorrectly identified as” is

23

GRANTED. This makes it clear that defendant American Express Company answered plaintiff’s

24

complaint rather than American Express Centurion Bank and removes all doubt as to which

25

entity is being sued.

26

Plaintiff has chosen to sue American Express Company and expressly and repeatedly

27

refused to substitute American Express Centurion Bank. If plaintiff cannot sustain his claim

28

against American Express Company, then plaintiff will not be allowed to amend his complaint

1

to substitute in American Express Centurion Bank, having spurned the offer to straighten out

2

the pleadings. American Express Company shall bring a motion for summary judgment by

3

JULY 21, 2017, and cooperate with plaintiff’s requests to obtain discovery and depositions to

4

meet the issues raised.

5
6

IT IS SO ORDERED.

7
8

Dated: June 19, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2