Watkins v. Baum et al

Filing 144

ORDER denying 140 Motion to Amend; signed by Judge Ronald B. Leighton.**2 PAGE(S), PRINT ALL**(Jermaine Watkins, Prisoner ID: 880661)(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JERMAINE DEVON WATKINS,

CASE NO. C11-5494RBL

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Plaintiff,
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v.

ORDER ON MOTION TO AMEND
COMPLAINT

CATHERINE M. BAUM, et al,
Defendant.

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THIS MATTER is before the Court on Plaintiff’s Motion to Amend Complaint [Dkt.

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#140]. The Court has reviewed the argument for and against the motion. Following the

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unsuccessful lawsuits against past and present Department of Corrections employees whom the

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Plaintiff claims are responsible for the loss of a kidney in 2012, Plaintiff seeks to sue a

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“John/Jane Doe” whom he wishes to add as a defendant to his lawsuit. Evidence in the

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possession of a party moving to amend is not newly discovered evidence for purposes of Fed. R.

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Civ. P. 60(b)(2) if it could have been learned at an earlier date in the proceedings with exercise

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ORDER ON MOTION TO AMEND COMPLAINT 1

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of due diligence. Feature Realty Inc. v. City of Spokane, 331 F.3d 1082, 1093 (9th Cir. 2003).

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That is the situation here. The motion is DENIED.

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Dated this 22nd day of January, 2018.

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A

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Ronald B. Leighton
United States District Judge

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ORDER ON MOTION TO AMEND COMPLAINT 2