Martinez
Martinez v. Safeway Stores, Inc.
Opinion
lead Opinion
Conti, J.
*448 ORDER
This is an employment discrimination suit brought pursuant to Title VII of the Civil Rights Act of 1964. The complaint also contains an allegation that the defendant Teamsters Union violated its duty of fair representation.
The case comes before the court on plaintiffs’ motion to amend their complaint. Plaintiffs want to amend their complaint so as to add two more plaintiffs. The two new plaintiffs would be Edmund Bally and Henry Davis. Alternatively, Bally and Davis have moved to intervene.
F.R.Civ.P. 15 provides that leave to amend a complaint “shall be freely granted”. However, it is implicit in Rule 15 that a plaintiff may amend his complaint only to add matters that would otherwise have been proper to include in the original complaint. The plaintiffs here wish to join two new parties as plaintiffs. The basic issue then is whether these new parties could have been joined in the original complaint.
F.R.C.P. 20 governs joinder of parties. Rule 20 sets forth two requirements for joinder of new plaintiffs:
There has been no showing that Bally’s and Davis’ rights to relief arise out of the same transaction, occurrence, series of transactions, or series of…