United States District Court, N.D. Texas, Dallas Division
J. Christopher Wreh, Plaintiff,
Wells Fargo Bank, N.A. as Trustee for Park Place Securities, Inc. Asset-backed pass-through Certificates, Series 2004-MCW1, Specialized Loan Servicing, LLC,  Defendant.
HARRIS TOLIVER UNITED STATES MAGISTRATE JUDGE.
the Court are Plaintiff's Motion for Leave to Amend
Conform Caption to Complaint (“Motion”),
Doc. 4, and Supplemental Motion for Leave to Conform
Caption to Complaint (“Supplemental
Motion”), Doc. 7. The Court liberally construes
Plaintiff's pro se Motion and Supplemental Motion as a
request for leave to file an amended complaint. For the reasons
detailed here, the request is GRANTED.
filed this action in state court, seeking to avoid an
“expedited foreclosure [on his home] which is at the
point of eviction.” Doc. 1-1 at 2. Liberally construed,
the Petition seeks damages or injunctive from Wells Fargo
Bank, N.A. (“Wells Fargo”), Specialized Loan
Servicing LLP (“SLS”), Bank of America, N.A.
(“Bank of America”), and Marian Brown in her
official capacity as Dallas County Sheriff. Doc. 1-1 at 3-18.
Under the heading “parties, ” Plaintiff lists in
bolded text “Defendant Wells Fargo Bank, N.A., ”
Defendant Specialized Loan Servicing, LLC, ” and
“NOTABLY: Bank of America, N.A.” Doc. 1-1 at 5-6.
He alleges that Bank of America “committed torts as a
Mortgage Loan Servicer using forged and ineffective documents
to collect unauthorized mortgage payments between 2004 and
2009… in excess of the jurisdictional minimum.”
Doc. 101 at 6-7. He also alleges claims for
misrepresentation, fraud, forgery, and wrongful foreclosure
against Wells Fargo and SLS.
now seeks to amend the case caption to include SLS and Bank
of America. See Doc. 4 at 1-2; Doc. 7 at 3.
Defendant opposes the motion, arguing that Plaintiff provides
“no basis for seeking to join the additional parties to
this lawsuit.” Doc. 5 at 3-4. Defendant specifically
contends that Plaintiff failed to comply with the Federal
Rules of Civil Procedure, specifically Rule 8, by not
pleading claims against each of the defendants he seeks to
add, and Rule 4, by failing to request that summonses be
issued for each. Doc. 5 at 4.
title of the complaint must name all the parties.”
Fed.R.Civ.P. 10(a). That notwithstanding, “the caption
itself is normally not determinative of the identity of the
parties or of the pleader's statement of claim . . . .
The caption, pleadings, service of process and other
indications of the intent of the pleader, are evidence upon
which a district court will decide, in cases of doubt,
whether an entity has properly been made a party to a
lawsuit.” E.E.O.C. v. Int'l Ass'n of
Bridge, Structural & Ornamental Ironworkers, Local
580, 139 F.Supp.2d 512, 525 (S.D.N.Y. 2001) (citations
omitted). Based on the allegations contained in the Petition
and given Plaintiffs pro se status, the Court sees no reason
not to amend the case caption to include SLS and Bank of
America as defendants. Moreover, at this stage, the Court
takes no position with respect to the adequacy of
the claims pled, as a motion to dismiss is the proper vehicle
for such challenges.
Plaintiff s Motion for Leave to Amend Conform Caption to
Complaint, Doc. 4, and Supplemental Motion for Leave
to Conform Caption to Complaint, Doc. 7, are
GRANTED. The Clerk of the Court is directed
to amend the caption of the instant case to include as
defendants: (1) Specialized Loan Servicing, LLC; and (2) Bank
of America, N.A. Additionally, the Court sua sponte
extends the period for Plaintiff to request summonses and
effectuate service on defendants Specialized Loan Servicing,
LLC and Bank of America, N.A. to March 9,
2020. Failure to comply by this deadline may result
in dismissal of Plaintiffs claims against defendants
Specialized Loan Servicing, LLC and Bank of America, N.A.
See Fed. R. Civ. P. 4(h)&(m).
 Defendant avers that its correct name
is “Wells Fargo Bank, N.A., as trustee for Park Place
Securities, Inc., asset-backed pass-through certificates,
series 2004-MCW1, class A-1 certificates.” Doc. 5 at
 Pro se pleadings should be
“liberally construed.” Erickson v.
Pardus, 551 U.S. 89, 94 (2007) (citations
 In his reply, Plaintiff abandons his
request to add Marian Brown in her official capacity as
Dallas County Sherriff as defendants.to the caption of the
case as a defendant since the “ongoing
ejection/eviction action against the ...