Allen v. Mason County Washington

Full title: VINCE and JAMI ALLEN, Plaintiffs, v. MASON COUNTY WASHINGTON, D/B/A MASON…

Court: United States District Court, W.D. Washington, at Tacoma

Date published: Jan 14, 2009

Case No. C09-5752 RBL (W.D. Wash. Jan. 14, 2009)

Opinion

Case No. C09-5752 RBL.

January 14, 2009

ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT

RONALD LEIGHTON, District Judge

THIS MATTER comes before the Court on Defendant City of Shelton Police Department's FRCP 12(b)(6) Motion to Dismiss [Dkt. #5] and Plaintiffs' Motion to Amend Complaint [Dkt. #6]. Defendant City of Shelton Police Department seeks to dismiss all claims against it because while a city is subject to suit, a department within a city is not. [Dkt. #5]. In response, Plaintiffs ask the Court for leave to amend the Complaint under Fed.R.Civ.P. 15(a) to name the City of Shelton as a party. [Dkt. #6, Motion to Amend Complaint, at 2]. Plaintiffs also seek to name Mason County, Washington, as a party, presumably for similar reasons. Id.

Plaintiffs represent that Defendant City of Shelton Police Department does not oppose the Plaintiffs' Motion to Amend [Dkt. #6]. Id. Indeed, none of the defendants filed a response in opposition. CR 7(b)(2), Local Rules W.D. Wash.

Accordingly, the Plaintiffs' Motion to Amend Complaint is GRANTED. Defendant City of Shelton Police Department's motion to dismiss is DENIED as moot. The Court need not address relation back of the amendment under Fed.R.Civ.P. 15(c) at this time.