Phoenix v. Day One et al
ORDER adopting 28 Report and Recommendations and granting in part and denying in part 24 Motion to Amend Complaint. So Ordered by District Judge William E. Smith on 1/7/2021. (Jackson, Ryan)
Case 1:20-cv-00152-WES-PAS Document 29 Filed 01/07/21 Page 1 of 3 PageID #: 287
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
DAY ONE, et al.,
SIMONE E. PHOENIX,
C.A. No. 20-152 WES
Plaintiff filed a Motion for Leave to File a Second Amended
Complaint (“Motion to Amend”), ECF No. 24, seeking to add five
Carla Cuellar, Family Services Rhode Island,
Inc., and three officers of the Providence Police Department Deputy Chief Thomas Verdi, Officer Francisco Colon, and Officer
Although the statute of limitations on her
claims expired prior to the filing of her Motion to Amend,
Plaintiff argues that the proposed amendment relates back to the
time of the original pleading under Rule 15(c)(1)(C) of the
Federal Rules of Civil Procedure.
4-12, ECF No. 24-1.
See Mem. Supp. Mot. to Amend
The police Defendants filed an objection to
the addition of the three officers.
See Defs.’ Obj., ECF No.
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On December 11, 2020, Magistrate Judge Patricia A. Sullivan
filed a Report and Recommendation, ECF No. 28, recommending that
the Court grant in part and deny in part Plaintiff’s Motion to
failed to name the three officers in her original Complaint, ECF
No. 1, not because of a mistake regarding their identities, but
because she lacked knowledge that they were involved in the
See R. & R. 10.
Due to this lack of mistake, the
amendment fails to meet the relation back standard under Rule
Therefore, the claims against Verdi,
Colon, and Wheeler are barred by the statute of limitations, and
the Motion to Amend must be denied as futile as to those wouldbe defendants.
Magistrate Judge Sullivan further
recommended that the Motion to Amend be allowed as to Carla
After having carefully reviewed the relevant papers, and
having heard no objections, the Court ACCEPTS the report and
ADOPTS the recommendations and reasoning set forth therein.
Plaintiff’s Motion for Leave to File a Second Amended Complaint,
ECF No. 24, is GRANTED IN PART and DENIED IN PART.
Case 1:20-cv-00152-WES-PAS Document 29 Filed 01/07/21 Page 3 of 3 PageID #: 289
directed to file a Second Amended Complaint in conformance with
IT IS SO ORDERED.
William E. Smith
Date: January 7, 2021
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