471 U.S. 1022 | SCOTUS | 1985
Dissenting Opinion
dissenting.
In December 1980, petitioner filed an administrative complaint with respondent, her employer, alleging that she had been denied
The District Court dismissed the complaint because it did not name the proper defendant, who was the Postmaster General. § 2000e-16(c). Petitioner sought to correct this defect and have the amendment relate back to the date of the initial complaint. See Fed. Rule Civ. Proc. 15(c).
On appeal, a panel of the Ninth Circuit agreed that the Postmaster General was the only proper defendant and that the 30-day period was a flat — parenthetically, a jurisdictional — requirement. 740 F. 2d 714, 716 (1984). Therefore, petitioner’s action was necessarily time-barred unless the amendment could relate back to the date of the original complaint. Observing that “[tjhere is no unanimity among the circuits concerning the proper interpretation of rule 15(c)’s notice provision,” ibid., the court adopted a strict, literal reading and affirmed.
The petition also challenges the Ninth Circuit’s strict reading of Rule 15(c).
Relying on the implications of the Rule’s second paragraph, respondent argues that except as provided therein, actual notice is
In light of the conflicts in the lower courts on both issues raised by this petition, I would grant certiorari and set the case for oral argument.
That Rule provides:
“Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against him, the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have know that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.
“The delivery or mailing of process to the United States Attorney, or his designee, or the Attorney General of the United States, or an agency or officer who would have been a proper defendant if named, satisfies the requirement of clauses (1) and (2) hereof with respect to the United States or any agency or officer thereof to be brought into the action as a defendant.”
The two questions presented are not unrelated. For example, were the 30-day period jurisdictional, the question would arise whether a district court would even have the power, notwithstanding the authorization of Rule 15(e), to add a new defendant after 30 days. See generally Canavan v. Beneficial Finance Corp., 553 F. 2d 860, 864-865 (CA3 1977).
In some cases, as where a complaint naming a corporation as the defendant is later amended to add the corporation’s owner, e. g., Itel Capital Corp. v. Cups Coal Co., 707 F. 2d 1253, 1258 (CA11 1983), or parent corporation, e. g., Marks v. Prattco, Inc., 607 F. 2d 1153 (CA5 1979), the added party is deemed to have had notice in light of its identity of interests or close association with the original defendant. See generally Hernandez Jimenez v. Calero Toledo, 604 F. 2d 99, 102-103 (CA1 1979). Petitioner’s position is somewhat weak in this regard because, while the complaint was filed within the requisite 30 days, no party was served with process within that period.
Lead Opinion
C. A. 9th Cir. Certiorari denied.