Opinion

MITCHELL v. CITY OF INDIANAPOLIS

Court
District Court, S.D. Indiana
Filed
Sep 20, 2019
Cited by
0 cases
Authority
More cited than 21.6%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

KENYATTA MITCHELL as Administrator )

for the Estate of Jeff Tyson, deceased, et al. )

)

Plaintiffs, )

)

v. ) No. 1:18-cv-00232-SEB-TAB

)

CITY OF INDIANAPOLIS, et al. )

)

Defendants. )

ORDER ON DEFENDANTS’ OBJECTION TO MAGISTRATE JUDGE’S

ORDER GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO FILE SECOND

AMENDED COMPLAINT

On August 6, 2019, Plaintiffs filed a Motion for Leave to File Second Amended

Complaint in order to correct a typographical error in Defendant Officer Nicholas

Wroblewski’s name. Plaintiffs’ first amended complaint incorrectly spelled Officer

Wroblewski’s name as “Wrobleski.” The sole purpose of Plaintiffs’ motion to amend is

to correct the misspelling.

We referred the motion to Magistrate Judge Tim Baker, who found that the motion

was supported by good cause and that Defendants’ objection to the motion based on

claims of prejudice, futility, and the like were unwarranted. He therefore granted the

motion. Defendants have now appealed from that ruling by timely objection under

Federal Rule of Civil Procedure 72(a).

For the reasons detailed below, Defendant’s objection is overruled.

Standard of Review

A magistrate judge’s ruling on nondispositive matters will not be set aside by the

district judge unless clearly erroneous or contrary to law. FED. R. CIV. P. 72(a). A

finding is clearly erroneous when “the reviewing court on the entire evidence is left with

the definite and firm conviction that a mistake has been committed.” Anderson v. City of

Bessemer, 470 U.S. 564, 573 (1985); see also Weeks v. Samsung Heavy Indus. Co., 126

F.3d 926, 943 (7th Cir. 1997).

Discussion

The primary grounds for Defendants’ objection are that Plaintiffs have not

demonstrated they were diligent in discovering and correcting the error in the spelling of

Officer Wroblewski’s name, and thus, have failed to establish “good cause” under

Federal Rule of Civil Procedure 16(b)(4) for amending their complaint outside the

deadline set forth in the Court’s scheduling order.1 The Seventh Circuit has stated that

“Rule 16(b)’s ‘good cause’ standard primarily considers the diligence of the party

seeking the amendment.” Trustmark Ins. Co. v. Gen. & Cologne Life Re of Am., 424 F.3d

542, 553 (7th Cir. 2005) (quotation marks and citation omitted). While we agree that

Plaintiffs should have been more diligent in discovering the misspelling of Officer

Wroblewski’s name and taking prompt action to correct the error, we nonetheless hold

1 Defendants do not object to the Magistrate Judge’s ruling on any substantive grounds other

than Rule 16.

that the Magistrate Judge’s finding that sufficient “good cause” existed to excuse the

lateness of the requested amendment is not clearly erroneous or contrary to law.

Plaintiffs have brought this lawsuit against the City of Indianapolis (“the City”)

and four named police officers, including “Nicholas Wrobleski.” The City was put on

notice of the lawsuit against Officer Wroblewski when it was served with Plaintiffs’ first

amended complaint. Although his name was misspelled, given the distinctiveness of his

surname and the detailed allegations set forth in the first amended complaint, the City

should have known that but for this one-letter mistake, the action would have been

brought against Officer Wroblewski. Knowledge on Defendants’ part is evidenced by the

fact that counsel for the City represented Officer Wroblewski at a deposition in this case

and the City has otherwise defended him in this lawsuit as if he were properly named.

Despite this, the City never brought the misspelling to Plaintiffs’ attention until they filed

their motion for summary judgment—long after the deadline to amend had passed—

seeking dismissal for Officer Wroblewski based on insufficient service as well as on

grounds that the named police officers are entitled to qualified immunity. This is what

our much beloved and missed former colleague, the late S. Hugh Dillin, referred to as

“hiding in the bushes,” a practice he would not countenance in the cases he adjudicated.

Following his example as we have on innumerable occasions over the years, neither will

we permit this practice. Given the fact that Plaintiffs’ error has not prejudiced Officer

Wroblewski’s ability to defend himself in this lawsuit, we affirm the Magistrate Judge’s

ruling as being neither clearly erroneous nor contrary to law. Defendants’ summary

judgment motion is unaffected by this ruling and will be addressed in due course.

IT IS SO ORDERED.

Date: 9/20/2019 Th, Bins Biker

SARAH EVANS BARKER, JUDGE

United States District Court

Southern District of Indiana

Distribution:

Faith Elizabeth Alvarez

LEE COSSEL & CROWLEY LLP

falvarez @nleelaw.com

Traci Marie Cosby

OFFICE OF CORPORATION COUNSEL

Traci.Cosby @indy.gov

Nathaniel Lee

LEE COSSEL & CROWLEY LLP

nlee@nleelaw.com

John Michael Lowery

LEE BURNS COSSELL & KUEHN

jlowery @nleelaw.com

Andrew J. Upchurch

OFFICE OF CORPORATION COUNSEL

andrew.upchurch @indy.gov

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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