Viehmeyer

MEMORANDUM **

Robbie Viehmeyer appeals the district court’s grant of summary judgment *472 against him. We affirm in part and reverse in part. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

This case lends fresh meaning to the query ‘Who let the dogs out?” 1 Viehmeyer, who suffered injuries after being bitten by a police dog, alleges that he was unable to determine the identity of the canine officer who gave the attack orders until after the deadline for amending his pleadings had passed. He alleges that he should have been allowed to amend his pleadings to substitute the proper defendants for the “Doe” defendants he had already named. Under the peculiar circumstances of this case, we agree.'

Under Fed.R.Civ.P. 16(b) the district court is empowered to “enter a scheduling order that limits the time to join other parties and to amend the pleadings.” The Rule further provides that “[a] schedule shall not be modified except upon a showing of good cause and by leave of the district judge.” Fed.R.Civ.P. 16(b)(6). Here, Viehmeyer contends that his various attempts to discern who ordered the attack were thwarted,…