Strong v. Bank of New York Mellon et al

Filing 38

ORDER that 37 Plaintiff's Motion for Joinder is DENIED. Signed by Judge Jennifer A. Dorsey on 5/8/15. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 BRETT B. STRONG, Case No.: 2:13-cv-00656-JAD-GWF 4 Plaintiff, 5 vs. 6 7 BANK OF NEW YORK MELLON F/K/A BANK OF NEW YORK; FIRST HORIZON ASSET SECURITIES, INC., 8 Defendants. Order Denying Joinder of Parties [37] 9 10 Plaintiff Brett Strong, who is proceeding on a pro se basis, has filed a document entitled 11 12 “Joinder of Parties.” Doc. 37. By this document, plaintiff represents that he seeks to “add 13 Nationstar Mortgage as a Defendant to [his] existing claim against The Bank of New York 14 Mellon” because it has “a role in said lawsuit and it is now essential to combine these parties in 15 said claim.” Id. Although plaintiff asks for “joinder” under FRCP 20, it appears what he wants 16 is to amend his complaint to add a defendant, a request that requires him to also satisfy FRCP 17 15.1 There are a number of problems with Strong’s request. First, the deadline for amending 18 19 pleadings and adding parties passed nearly two years ago on July 17, 2013. See Doc. 16. Strong 20 thus must to do more than simply demonstrate that he satisfies Rules 15 and 20 of the Federal 21 Rules of Civil Procedure; he must also demonstrate good cause for extension of the deadlines in 22 the scheduling order. The court takes no position on whether Strong may be able to make such a 23 showing. Requests for leave to amend must also comply with Local Rule 15-1, which requires a 24 25 26 27 28 1 See Desert Empire Bank v. Ins. Co. of N. Am., 623 F.2d 1371, 1374 (9th Cir. 1980); 1 Federal Rules of Civil Procedure, Rules and Commentary Rule 20, Permissive Joinder. Page 1 of 2 1 party seeking leave to add a party to attach a proposed amended complaint to the motion seeking 2 leave to file the amended complaint. See L.R. 15-1(a). Strong did not attach a proposed 3 amended complaint to his request. 4 5 6 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for joinder [Doc. 37] is DENIED. Dated this 8th day of May, 2015. 7 8 _______________________________ __________________________ __ _ _ Jennifer A. Dorsey nnifer A United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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