Kohut v. Allison, et al.

Summary

The United States District Court for the Eastern District of California granted Jonathan Kohut’s request to substitute named defendants for Doe defendants in his 42 U.S.C. § 1983 action. The court directed the clerk to add J. Wisley, R. Ruggles, M. Capello, and S. Hicks to the docket, left the third amended complaint operative, and stated that limited discovery was closed.

Holdings

1. The court granted Plaintiff's request to substitute J. Wisley and/or R. Ruggles for Doe 1 and M. Capello and/or S. Hicks for Doe 2.

Questions Presented

1. Whether Plaintiff could substitute identified individuals for the Doe defendants in the operative complaint under Federal Rule of Civil Procedure 15(c).
2. Whether the third amended complaint should remain operative when the requested amendment merely substituted names for Doe defendants.

Disposition

other