Diaz

MEMORANDUM *

The district court properly ruled that Diaz could not add the supervising secretaries for Carlsmith as defendants because she knew of the individuals and their roles in the alleged events when she filed her initial complaint. Thus, her failure to name them was not “a mistake concerning the identity of the proper party.” Fed.R.Civ.P. 15(c); see also Kilkenny v. Arco Marine Inc., 800 F.2d 853, 856 (9th Cir.1986). Because more than ninety days had elapsed between the date of Diaz’s right to sue letter and the filing of her Amended Complaint, Diaz’s claims against the supervising secretaries were properly dismissed as untimely. 42 U.S.C. § 2000e-5(f)(l).

To prevail on her claim of discrimination in the form of a hostile work environment, 1 *387 Diaz had to allege conduct that was “severe or pervasive enough to create an objectively hostile or abusive work environment.” Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 , 114 S.Ct. 367 , 126 L.Ed.2d 295 (1993). Diaz proffered only a single racist comment made by an attorney in 2001. This is insufficient to sustain a claim of a hostile work environment, particularly as Diaz offered no other direct or indirect evidence of…