MALEY v. CORIZON HEALTH, INC., CV416-060. (2017)
Court: District Court, S.D. Georgia
Number: infdco20170707590
Visitors: 5
Filed: May 19, 2017
Latest Update: May 19, 2017
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is the parties' Joint Stipulation. (Doc. 65.) In that motion, the parties purport to "stipulate" to the addition of Gene Loflin as a Plaintiff. In support of this "stipulation," the parties' cite Federal Rules of Civil Procedure 21 and 41(a). However, neither of these rules allow the parties to stipulate to the addition of a plaintiff. Instead, Rule 41(a) addresses voluntary dismissal of a party, while Rule 21 allows a court t
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is the parties' Joint Stipulation. (Doc. 65.) In that motion, the parties purport to "stipulate" to the addition of Gene Loflin as a Plaintiff. In support of this "stipulation," the parties' cite Federal Rules of Civil Procedure 21 and 41(a). However, neither of these rules allow the parties to stipulate to the addition of a plaintiff. Instead, Rule 41(a) addresses voluntary dismissal of a party, while Rule 21 allows a court to..
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ORDER
WILLIAM T. MOORE, Jr., District Judge.
Before the Court is the parties' Joint Stipulation. (Doc. 65.) In that motion, the parties purport to "stipulate" to the addition of Gene Loflin as a Plaintiff. In support of this "stipulation," the parties' cite Federal Rules of Civil Procedure 21 and 41(a). However, neither of these rules allow the parties to stipulate to the addition of a plaintiff. Instead, Rule 41(a) addresses voluntary dismissal of a party, while Rule 21 allows a court to add or drop a party on motion or on its own. The correct method to add a plaintiff to a case is to file a motion-rather than a stipulation—to amend the complaint. If Plaintiff wishes to add Gene Loflin, she is DIRECTED to file such a motion within fifteen days from the date of this order.1 Defendants are welcome to indicate whether or not they consent to this amendment.
SO ORDERED.
FootNotes
1. The Court will evaluate the dismissal of Defendant Corizon, LLC upon receipt of that motion.
Source: Leagle
