Jordan v. Tapper

143 F.R.D. 567, 1992 U.S. Dist. LEXIS 12902, 1992 WL 201312
District Court, D. New Jersey·Decided August 11, 1992·No. Civ. No. 90-2593 (CSF)·Published·Cited by 16 cases

Opinion

OPINION

CLARKSON S. FISHER, District Judge.

Before the court is an appeal brought by plaintiff, John Jordan (Jordan), from the order issued by Magistrate Judge Freda L. Wolfson on April 28, 1992, and entered on the docket on April 29, 1992, which denied plaintiff’s motion to amend his complaint to add new defendants. On appeal, the plaintiff initially makes only one argument. Specifically, Jordan contends that because a denial of a Rule 15(c) motion is essentially “dispositive” as contemplated by 28 U.S.C. § 636(b)(1) and Rule 40A(2) of the General Rules of the United States District Court for the District of New Jersey, the magistrate judge did not have jurisdiction to issue an order denying amendment of the complaint. Accordingly, plaintiff wishes to withdraw his motion to amend because he has filed another action against the same parties opposing this appeal. It is the court’s opinion that because the plaintiff failed to present this jurisdictional argument to the magistrate judge, the plaintiff has waived it and will be prohibited from asserting it before this court.

In his reply papers, plaintiff proffers an alternative argument and asks the court to review his appeal on the merits. Using the same argument concerning § 636 set forth [569] above, plaintiff urges the court to review the decision of the magistrate de novo. Alternatively, plaintiff asserts that even if the court employs a “clearly erroneous” standard of review the magistrate’s order should be overturned. Because under either standard the plaintiff’s motion to amend should be denied, the court will decline to examine plaintiff’s § 636 argument and will affirm the order of the magistrate. Accordingly, for the reasons set forth below, plaintiff’s appeal is denied.

Additionally, the proposed defendants have moved for sanctions under Rules 11 and 41 of the Federal Rules of Civil Procedure. The proposed defendants’ motion for Rule 11 sanctions will be denied and their motion for Rule 41 sanctions will be stayed pending resolution of the motion to dismiss currently pending before the court in the related case captioned Jordan v. Emergency Physicians Associates, P.A., et al., Civil Action No. 92-2421 (CSF).

I. Background

This is a medical malpractice action filed in this court on June 28, 1990. Because discovery revealed that individuals and other entities not named in the original complaint might be liable to him, plaintiff sought to amend his complaint. Such motion was filed on June 16, 1991. The proposed defendants asserted the statute of limitations as a bar to amendment of the complaint. Oral argument was held on the matter on July 19,1991, and again on October 7, 1991. After a number of delays, the court notified the parties that Rule 15(c) of the Federal Rules of Civil Procedure had been amended, effective December 1, 1991. Consequently, plaintiff withdrew his motion to amend under the old rule, and the parties submitted briefs in accordance with the revised rule. Oral argument was held on March 16, 1992, and the court denied plaintiff’s motion on April 28, 1992.

On May 7, 1992, plaintiff filed a motion to vacate Magistrate Judge Wolfson’s order. In support of the motion, plaintiff submitted an affidavit of counsel which contained argument of the facts and law in derogation of Rule 27(A) of the General Rules of the United States District Court for the District of New Jersey. Accordingly, the court rejected Jordan’s initial submission and directed plaintiff to submit a brief in support of his appeal that comported with the local rules. Additionally, the court instructed the plaintiff that his brief must demonstrate that the magistrate judge’s ruling was clearly erroneous or contrary to law, in accordance with 28 U.S.C. § 636(b)(1)(A); Fed.R.Civ.P. 72(a) and D.NJ.Gen.R. 40(D)(4)(a).

In response, plaintiff asserts that this standard is improper because, plaintiff argues, the statute does not permit a magistrate judge to deny a motion to amend to add new defendants. The crux of plaintiff’s argument is that the denial of a motion to amend in accordance with Rule 15(c) is essentially “dispositive.” This is true, plaintiff contends, because such denial “has a final effect on the rights of the parties” and “effectively bars the plaintiff from proceeding against the new defendants.” Thus, plaintiff asserts that Rule 15(c) motions should be treated as dispositive motions within the intendment of 28 U.S.C. § 636(b)(1)(A) and Rule 40(A)(2) of the General Rules of the United States District Court for the District of New Jersey.1

[570] Recognizing that motions to amend are not included in the eight explicitly enumerated categories of dispositive motions, plaintiff cites a recent Third Circuit case for the proposition that the district court should not construe the statute and local rule narrowly, but should look to the effect of a ruling on the rights of the parties. See National Labor Relations Board v. Frazier, 966 F.2d 812 (3d Cir.1992). Hence, plaintiff asserts that the initial motion to amend should have been heard by the district judge. Consequently, plaintiff argues that because the magistrate judge has exceeded the scope of the court’s jurisdiction by ruling on a dispositive motion, the magistrate judge’s April 28, 1992, 143 F.R.D. 575 order “is void ab initio or voidable for lack of subject matter jurisdiction.” Accordingly, plaintiff contends that his pending motion to amend is without a decision. Thus, plaintiff requests the court to permit him to withdraw the motion to amend the complaint. Interestingly, plaintiff requests this relief because he has filed a separate action naming as defendants the same parties who are opposing this appeal.

II. Plaintiffs Jurisdictional Objection

It should be noted that in his original motion plaintiff failed to request alternative relief. Specifically, plaintiff did not ask this court to treat the magistrate’s April 29, 1992, order and opinion as a report and recommendation and review the order de novo or as a direct appeal and review the order employing the clearly erroneous standard. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72; D.NJ.Gen.R. 40(A)(2). It was not until plaintiff submitted reply papers that such relief was requested.

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Jordan v. Tapper, 143 F.R.D. 567, 1992 U.S. Dist. LEXIS 12902, 1992 WL 201312 (D.N.J. 1992).

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