Midwest Office v. RHB Direct, No. 2:2008cv00966 - Document 28 (D. Utah 2009)

Court Description: MEMORANDUM DECISION disregarding 27 NOTICE of Corrected Caption. Signed by Judge Ted Stewart on 05/26/2009. (asp)

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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION MIDWEST OFFICE, INC., Plaintiff, MEMORANDUM DECISION AND ORDER ON NOTICE OF CORRECTED CAPTION vs. RHB DIRECT, LLC, dba OFFICE FURNITURE BLOWOUT, Case No. 2:08-CV-966 TS Defendant. This matter is before the Court on Plaintiff s Notice of Corrected Caption. It appears that the Notice attempts to change the defendant by changing the caption. As noted in the proceedings to set aside a default, there was some confusion in this case as which entity was sued, with Defendant arguing that the wrong entity had been sued.1 In its Memorandum Decision setting aside the default, the Court made no finding regarding the entity that is doing business as Office Furniture Blowout. Instead, it found that the default was not the result of culpable conduct because Defendant argued 1 Docket No. 26, at 3. 1 that the Defendant was misnamed.2 The Complaint names one Nevada entity, RHC, as a Defendant.3 An Answer has been filed on behalf of that entity.4 The Notice of Corrected Caption attempts to change the defendant to another entity, ML2, LLC, a Utah limited liability company. The Federal Rules of Civil Procedure allow substitution of parties under only limited circumstances.5 To add a different entity as a defendant ordinarily requires an Amended Complaint. Therefore, it is ORDERED that Notice of Corrected Caption shall be disregarded. DATED May 26, 2009. BY THE COURT: _____________________________________ TED STEWART United States District Judge 2 Id. 3 Complaint, ΒΆ 2. 4 Docket No. 5. 5 E.g., Fed. R. Civ. P. 25 (c) (allowing substitution where interest transferred). 2

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