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EFTA01183947

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Case 9:08-cv-80736-KAM Document 290 Entered on FLSD Docket 01/20/2015 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE #1 and JANE DOE #2, Petitioners, vs. UNITED STATES OF AMERICA, Respondent. RESPONDENT'S OPPOSITION TO JANE DOE #3 AND JANE DOE #4'S CORRECTED MOTION PURSUANT TO RULE 21 FOR JOINDER IN ACTION Respondent United States, by and through its undersigned counsel, files its Opposition to Jane Doe #3 and Jane Doe #4's Corrected Motion pursuant to Rule 21 for Joinder in Action (D.E. 280), and states: I. PETITIONERS' MOTION TO ADD TWO ADDITIONAL PARTIES SHOULD BE DENIED AS UNTIMELY This action was commenced by Jane Doe #1 on July 7, 2008 (D.E. I). The Court ordered the Government to file a response by July 9, 2008, which was done. On July 11, 2008, the Court held a hearing on the emergency petition. At that hearing, Jane Doe #2 was added to the petition. Now, over six years into the litigation, petitioners want to add two new petitioners. Petitioners' motion should be denied because it is untimely. Petitioners seek to add two new petitioners to the case, whom they claim are victims. D.E. 280 at 1. They incorrectly invoke Fed.R.Civ.P. 21 as the basis for their motion. If this were a true civil action, then the addition of new parties would be governed by Fed.R.Civ.P. 15. Brainard v. American Skandia Life Assurance Corp. 432 F.3d 655, 666 (6th Cir. 2005)• Bell v. EFTA01183947

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