Judge David larimer
The EEOC dismissed Talton's charge against Amalgamated Transit Union Local 282 (Local 282). Talton's original 2009 complaint named international organization Amalgamated Transit Union (International) defendant. Talton later filed additional EEOC charges against Local 282, represented by Fusco. International also retained Fusco. After International successfully dismissed Talton's complaint against it on grounds that it was an improper party, Talton filed an amended complaint naming Local 282 defendant. A magistrate judge provisionally permitted the amendment to conduct discovery whether Talton's otherwise untimely claims against Local 282 could be rendered timely under the "relation back" doctrine. District court denied Local 282 dismissal. Discussing the Supreme Court's 2010 decision in Krupinski v. Costa Crociere S.p.A and Fusco's averments, it found Talton's choice to sue International instead of Local 282 a "mistake" for Rule 15 purposes. Based on the face of the complaint, and International's response, Fusco—as counsel for International and Local 282—"knew or should have known" that it was a mistake prior to Jan. 16, 2010—when the 120-day period for answering the International complaint expired.
