Wilson v. Cruz et al
Filing
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ORDER Granting 36 Motion to Substitute Defendants. Clerk of the Court shall file the plaintiff's second amended complaint. Signed by Magistrate Judge Cam Ferenbach on 5/3/12. (Copies have been distributed pursuant to the NEF - ASB)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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KAREN J. WILSON,
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Plaintiff,
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v.
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JESSE R. CRUZ, et al.,
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Defendants.
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2:12-cv-00051-LDG -VCF
ORDER
Before the court is plaintiff Karen J. Wilson’s Motion To Substitute Defendants. (#36). No
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Opposition has been filed.
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Background
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Plaintiff filed her complaint on January 11, 2012, asserting claims for negligence, negligence
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per se, vicarious liability, and wrongful death against several named and unnamed defendants. (#1).
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Plaintiff named defendants Doe I-X and Roe Corporation XI-XX, and asserted that she sued these
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defendants by fictitious names, because she believes that these defendants “are responsible, in some
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way, for the events alleged in this complaint and proximately caused damage to [p]laintiff as alleged.”
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Id. Plaintiff also stated that she will “ask for leave from this court to amend the [c]omplaint when the
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true names and capacities of” these defendants are ascertained. Id.
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On March 12, 2012, plaintiff filed a notice of voluntary dismissal of claims against certain
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defendants (#20), and defendant Jesse R. Cruz filed an answer (#21) to plaintiff’s complaint. On March
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22, 2012, plaintiff filed her first amended complaint, naming additional defendants. (#24). On March
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27, 2012, defendant Clem-Trans, Inc. filed its answer to plaintiff’s complaint. (#25). On April 4, 2012,
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defendant Jose E. Castro filed his answer to plaintiff’s complaint. (#31). On April 10, 2012, defendant
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Clem-Trans, Inc. filed an answer to plaintiff’s first amended complaint (#33), and on April 13, 2012,
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defendant Jesse R. Cruz filed an answer to plaintiff’s first amended complaint (#35). Plaintiff filed the
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instant motion to substitute defendants on April 16, 2012. (#36).
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Motion To Substitute Defendants (#36)
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In plaintiff’s motion, she asks this court to substitute Salvador Villalobos, individually and doing
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business as Villalobos Trucking, as a defendant in place of defendant JOHN DOE No. I, to substitute
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Manuel A. Solorzano, individually and doing business as Manuel A. Solorzano Trucking, as a defendant
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in place of defendant JOHN DOE No. II, to substitute Uristas Transports, Inc. as a defendant in place
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of defendant ROE CORPORATION No. I, to substitute Mas Trucking, Inc. as a defendant in place of
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defendant ROE CORPORATION No. II, and to substitute Matheson Postal Services, Inc. as a defendant
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in place of defendant ROE CORPORATION No. III. (#36). Plaintiff attached her second amended
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complaint (#36-1) to the motion, wherein she names each defendant listed above. Id. Plaintiff also asks
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this court to grant her leave to file the second amended complaint. Id.
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Pursuant to Federal Rule of Civil Procedure 15(a)(2), after a responsive pleading has been filed,
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a party may amend its pleadings only by leave of court. “The court should freely give leave when
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justice so requires” and when there is no undue delay, bad faith, or dilatory motive on the part of the
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moving party. Fed. R. Civ. P. 15(a)(2); Wright Incline Village General Imp. Dist., 597 F.Supp.2d 1191
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(D.Nev.2009); DCD Programs, LTD v. Leighton, 883 F.2d 183 (9th Cir.1987). Pursuant to Local Rule
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7-2(d), “[t]he failure of an opposing party to file points and authorities in response to any motion shall
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constitute a consent to the granting of the motion.” Here, no opposition had been filed, there is no
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undue delay, bad faith, or dilatory motive, and the court finds that justice requires permitting plaintiff
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to substitute the named defendants in place of the Doe and Roe defendants. Id; LR 7-2(d).
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Accordingly, and for good cause shown,
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IT IS ORDERED that plaintiff Karen J. Wilson’s Motion To Substitute Defendants (#36) is
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GRANTED. The Clerk of the Court shall file the plaintiff’s second amended complaint (#36-1).
DATED this 3rd day of May, 2012.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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