Opinion
Civil Action No. 02-884 (AK).
September 30, 2004
MEMORANDUM ORDER
This case is before the Court pursuant to consent by the parties to proceed before a United States Magistrate Judge, filed on March 25, 2003. On August 31, 2004, the Court, sua sponte, dismissed this case, without prejudice, as Plaintiffs had not stated an adequate basis of subject matter jurisdiction. The Plaintiff have now filed a Motion to Alter or Amend Judgment under Fed.R.Civ.P. 59(e), or in the Alternative, Motion for Relief from Order Under Fed.R.Civ.P. 60(b)(6), and Plaintiff James P. Regan's Motion to Amend the Complaint Under Fed.R.Civ.P. 15(a). Additionally, the Court has before it Defendant' Opposition and Plaintiff's Reply. For the reasons set forth below, Plaintiff's motion should be and hereby is GRANTED.
This Court dismissed the above captioned case because the Plaintiff had not fulfilled the requirements for filing a complaint alleging diversity of citizenship. (See 8/31/04 Memorandum Order). The Court's decision was not based on the Plaintiff's inability to meet the legal certainty standard in satisfying the Court of its jurisdiction. (Id.)
In Plaintiff's Motion to Alter or Amend, Plaintiff asserts that, due to the statute of limitation rules applicable to suits brought under the D.C. Human Rights Act, the Plaintiff is procedurally barred from re-bringing this lawsuit, this Court's dismissal without prejudice notwithstanding.
As this effect will forever bar the Plaintiff from litigating his case on the merits, the Court finds that this result would be manifestly unjust. Fed.R.Civ.P. 59(e); Ciralsky v. Central Intelligence Agency, 355 F.3d 661, 671 (D.C. Cir. 2004). Although the Circuit Court in Ciralsky made clear that the decision whether to grant a party's motion to alter or amend the judgment is within the discretion of the District Court Judge, in this case, the Plaintiff should be permitted the opportunity to amend his complaint so as to satisfy diversity jurisdiction. Thus, this case clearly warrants this Court to exercise its discretion and permit the Plaintiff to file an amended complaint pursuant to Rule 15(a) to the Federal Rules of Civil Procedure.
Therefore, it is this ____ day of September 2004.
ORDERED that the Plaintiff's Motion to Alter or Amend Judgment is hereby GRANTED, and that this case be reopened by the Clerk of the Court, and it is
FURTHER ORDERED that, pursuant to Fed.R.Civ.P. 15(a), the Plaintiff's Motion to Amend the Complaint is GRANTED.