Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00009—Gl\/|S—l\/I PT Document 18 Filed O2/16/2007 Page 1 of 1
1
Mal Duszak
613 Cross Street
East Mclieesport, PA 15035
1-$$8-546-2320 Telephone
[email protected] i I
February I0, .0000 . t "flf ii 1 I
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Robert Crurkshank, Deputy Clerk I _ __ 1 I
United States District Court FEB l E EUG! -
Lockbox 18 E
844 N. King Street U_·gfggggisjg{g;gg5— ’‘”‘‘i ‘ i
Wilmington, DE 19801 DfSl§§
In re: Duszak v. Rosemmm, 07cvO0O9 (D.Del.)
Dear Mr. Cruikshank: · i
I have reviewed the docket wherein you have construed my motion to join additional defendant as ‘
an "Amended Complaint" under Rule 15. Sgg Entry 10.
Because it may become necessary to file an amended complaint, and since there will be the joinder
of additional defendants as their identities are discovered, I am asking you to correct the docket
and submit my motion as it is stated, to wit, one to join the additional pa1·ty. i
Specifically, Rule 21 allows the Court to drop or add parties on motion. Rule 19 also allows for i
joinder of defendants. Neither of these rules requires reliance on Rule 15 related to Amended
Complaints.
My motion should be construed only as to what it is, a motion to join the party defendants, because
the construction as an amended pleading is prejudicial.
I note that a similar motion is pending at docket number 6 and it has not been so construed.
It will be entirely burdensome to consider each additional party, replacing the John Doe parties, to
be an amended complaint which would require the other parties to answer.
As such, I would appreciate it if you would kindly correct the notation on the docket and transmit
the motion at entry 6 to the Magistrate Judge for consideration so that an Order joining the parties
can be entered.
Respectfully submitted,
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Mal Duszak .
cc; John Phillips, Esquire