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Sony BMG Music Entertainment v. Cody

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 13, 2008

SONY BMG MUSIC ENTERTAINMENT, ET AL., PLAINTIFFS,
v.
HEINSOHN CODY, DEFENDANT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING PLAINTIFF'S REQUEST TO CORRECT NAME (DOC. 9) 8 ) Plaintiff is proceeding with a civil action in this Court. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-303.

On April 29, 2008, Plaintiffs filed a complaint alleging copyright violations. The docket presently reflects service of the summons and complaint upon Defendant, but no response to the complaint has been filed.

Pending before the Court is Plaintiff's "NOTICE OF ERRATA," filed on August 11, 2008, in which Plaintiffs request that the Court change the name of Defendant on all filed documents to reflect the true name of Defendant.

Here, no response to the complaint has been filed by Defendant. Because no response has been filed, Plaintiffs may proceed pursuant to Fed. R. Civ. P. 15(a) to file an amended complaint as a matter of right. Local Rule 15-220 requires that an amendment to a pleading be accomplished by a separate amended complaint, retyped and filed so that it is complete in itself.

Accordingly, Plaintiff's request to correct the misnomer of Defendant is denied without prejudice to Plaintiff's filing an amended complaint that complies with all pertinent Federal Rules of Civil Procedure and all Local Rules of the United States District Court, Eastern District of California.

IT IS SO ORDERED.

20080813

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