Pruitt v. Air & Liquid Systems Corporation

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN W. PRUITT, SR., ) ) Plaintiff, ) Vv. Civil Action No. 18-1101-MN-SRF AIR & LIQUID SYSTEMS CORPORATION, et al., ) Defendants. REPORT AND RECOMMENDATION FOR ORDER OF DISMISSAL WHEREFORE, Does 1—350 Inclusive remain active defendants in this case; WHEREFORE, October 18, 2019, was the deadline for completion of discovery (D.I. 208), and Plaintiff has not identified any Doe defendant; WHEREFORE, pursuant to Fed. R. Civ. P. 21, district courts may dismiss Doe defendants sua sponte, see King v. Mansfield Univ. of Pa., 2014 WL 4546524, at *10-11 (M.D. Pa. Sept. 12, 2014); and WHEREFORE, it is appropriate for the court to dismiss Doe defendants where “reasonable discovery does not unveil [their] proper identities,’ Blakeslee v. Clinton Cty., 336 Fed. Appx. 248, 250 (3d Cir. 2009) (citing Scheetz v. Morning Call, Inc., 130 F.R.D. 34, 37 (E.D. Pa. 1990)); IT IS HEREBY RECOMMENDED THAT Defendants Does 1—350 Inclusive are ordered dismissed pursuant to Fed. R. Civ. P. 21. Dated: November 9, 2020 Sherry R. Fallon UNITED STATES MAGISTRATE JUDGE