Luke v. University Hospital

Filing 20

ORDER granting 18 Motion to amend the name of Defendant from University Hospital to University Health Services, Inc. The 1 Complaint is deemed amended pursuant to Fed. R. Civ. P. 15 to correct the misnomer of Defendant University Hospital to reflect its proper name: University Health Services, Inc. Signed by Magistrate Judge Brian K. Epps on 02/20/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
RAMONICA M. LUKE,

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Plaintiff,
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v.
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UNIVERSITY HEALTH SERVICES, INC.,1 )
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Defendant.
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CV 117-125

ORDER
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Before the Court is Plaintiff’s motion to amend the name of Defendant from
University Hospital to University Health Services, Inc. (Doc. no. 18.) Under Federal Rule
of Civil Procedure 15(a), a party may amend a pleading more than twenty-one days after
serving it “with the opposing party’s written consent or the court’s leave.” Fed. R. Civ. P.
15(a)(2). Courts should freely allow amendment absent undue delay or prejudice to the
opposing party. See Carter v. Broward Cty. Sheriff’s Dep’t Med. Dep’t, 558 F. App’x 919,
923 (11th Cir. 2014) (citing Forman v. Davis, 371 U.S. 178, 182 (1962)); see also Fed. R.
Civ. P. 15(a)(2) (“The court should freely give leave when justice so requires.”).
Additionally, the “‘misnomer rule’ . . . generally allows for correction of a defendant’s name
pursuant to Rule 15 at any time where a plaintiff has sued a defendant by an incorrect name.”
Pears v. Mobile Cnty., 645 F. Supp. 2d 1062, 1082 (S.D. Ala. 2009) (emphasis added).

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The Court DIRECTS the Clerk to update the docket to reflect the amended caption.

In light of the foregoing, the Court GRANTS Plaintiff’s motion to amend. (Doc. no.
18.) The Complaint (doc. no. 1) is deemed amended pursuant to Federal Rule of Civil
Procedure 15 to correct the misnomer of Defendant University Hospital to reflect its proper
name: University Health Services, Inc.
SO ORDERED this 20th day of February, 2018, at Augusta, Georgia.

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