Griffin v. Brighton Dental Group et al

Filing 18

DECISION & ORDER denying without prejudice 17 Motion for joinder. If Griffin wishes to add new defendants to her case, she must renew her motion for joinder by 8/23/2010. Her motion must be accompanied by a proposed amended complaint, as well as an affidavit or memorandum of law specifically identifying the new parties she seeks to add and the factual and legal claims she wishes to alleged against them; denying 17 Motion to join witnesses. Signed by Hon. Marian W. Payson on 7/26/2010. (KAH)

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Griffin v. Brighton Dental Group et al Doc. 18 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK SHEILA GRIFFIN, DECISION & ORDER Plaintiff, 09-CV-6616P v. BRIGHTON DENTAL GROUP, et al., Defendants. Pro se plaintiff Sheila Griffin ("Griffin") has filed a complaint in the above-captioned matter alleging that defendants discriminated against her in her employment on the basis of her race, sex and disability in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. and the Americans with Disabilities Act, 42 U.S.C. 12112 et seq. (Docket # 1). Pursuant to 28 U.S.C. 636(c), the parties have consented to have a United States magistrate judge conduct all further proceedings in this case, including the entry of final judgment. (Docket # 14). On July 6, 2010, Griffin filed a motion to join additional defendants to the case, but did not include a proposed amended complaint identifying the defendants she wishes to add or the claims she wishes to allege against them. (Docket # 17). Instead, Griffin merely added the names of several individuals to the caption of the case. (Id.). In addition, Griffin has filed a document seeking to join additional witnesses to the case. (Id.). Rule 20 of the Federal Rules of Civil Procedure provides that defendants may be joined in one action if "any right to relief is asserted against them jointly, severally, or in the Dockets.Justia.com alternative with respect to or arising out of the same transaction[ or] occurrence . . . and any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2). Here, because Griffin has not submitted a proposed amended complaint, this Court cannot evaluate whether the new parties who were listed in the caption may be properly added to the case. Accordingly, Griffin's motion for joinder (Docket # 17) is DENIED without prejudice to renewal. If Griffin wishes to add new defendants to her case, she must renew her motion for joinder by no later than August 23, 2010. Her motion must be accompanied by a proposed amended complaint, as well as an affidavit or memorandum of law specifically identifying the new parties she seeks to add and the factual and legal claims she wishes to allege against them. Further, Griffin's motion to join witnesses (Docket # 17) is DENIED. Griffin is advised that witnesses, as opposed to defendants, need not be formally added to the case. IT IS SO ORDERED. s/Marian W. Payson MARIAN W. PAYSON United States Magistrate Judge Dated: Rochester, New York July 26 , 2010 2

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