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· 2/28/1989

Federal Deposit Insurance v. Municipality of Ponce ex rel. Dapena Thompson

Citations

  • 708 F. Supp. 464
  • 1989 U.S. Dist. LEXIS 2616

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that early discovery is 22 precluded if it is not likely to provide the identity of the defendant
  • holding 20 \timely filing of an administrative claim is a jurisdictional prerequisite to the bringing of a 21 suit under the FTCA\; affirming dismissal of complaint for failure to allege such 22 \jurisdictional prerequisite\
  • noting that “doe” 4 pleadings are generally disfavored in the federal courts
  • observing that “the use of 15 ‘John Doe’ to identify a defendant is not favored,” but “[s]ituations may arise … where the identity of 16 alleged defendants will not be known prior to the filing of a complaint”
  • stating that it is error for a court 4 to dismiss a complaint on the basis that plaintiff fails to provide the true names of “John 5 Does,” but the identity of such defendants could be reasonably adduced through 6 discovery
  • court abused its discretion in dismissing complaint when interrogatories regarding John Doe officers’ identities were outstanding

Source: CourtListener parenthetical corpus (CC0).

Judges: Pieras

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.