Erwin v. McDermott
United States District Court for the District of Massachusetts
284 F.R.D. 40 (2012)
On August 9, 2008, Dustin Erwin (plaintiff) attended a bachelor party at the Foxy Lady, a nightclub. Erwin was asked to leave and as he was doing so got into a physical altercation with a security guard. On July 26, 2011, Erwin brought suit for excessive force against The Foxy Lady Corporation (defendant), believing the corporation to be the owner of the nightclub. Attorney David Berman was hired to represent The Foxy Lady Corporation. The Foxy Lady Corporation filed a motion to dismiss, claiming that it was not vicariously liable for the actions of the security guard. Subsequently, in January 2012, The Foxy Lady Corporation filed a motion for summary judgment, claiming for the first time that Frank’s of Brockton, Inc. (Frank’s) (defendant) was the real owner of the Foxy Lady nightclub. Erwin filed a motion to amend his complaint to substitute Frank’s for The Foxy Lady Corporation as a defendant. Berman, now representing Frank’s, filed an opposition to Erwin’s motion on the grounds that the motion was filed after the statute of limitations had expired as to a claim against Frank’s.
Rule of Law
Holding and Reasoning (Gorton, J.)
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