BOE Motion to Amend its Answer to Complaints

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Case No. 5:07-CV-231
PAMELA L. HENSLEY, )
)
Plaintiff, )
) MOTION FOR LEAVE
v. ) TO AMEND ANSWER
)
JOHNSTON COUNTY BOARD OF )
EDUCATION, )
)
Defendant. )
Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure and through counsel,
Defendant Johnston County Board of Education ( Board) moves for leave to amend its answer
in this action by service of the First Amended Answer attached hereto and incorporated by
reference as Exhibit A. In support of its motion, the Board states:
1. Plaintiff filed a Complaint on May 24, 2007, alleging eight claims for relief.
2. The Board removed this action to this Court on June 20, 2007. [DE-1]
3. Defendant Board filed its Motion to Dismiss this action on July 30, 2007. [DE-6]
4. On December 23, 2010, the Court issued an Order dismissing all claims in this
action, except for the eighth claim for relief, a claim for failure to accommodate plaintiffs
hearing impairment under the Americans With Disabilities Act. [DE-18]
5. The Board filed its Answer to that remaining claim on January 6, 2011. [DE-20]
6. Counsel for the parties conferred and submitted a Joint Discovery Plan on
February 18, 2011. [DE-22] The Court issued an Order on February 23, 2011, largely adopting
the parties Discovery Plan. [DE-24] The Discovery Plan provided in Section 7c. that
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Defendant shall be allowed until April 30, 2011, to join additional parties and/or to amend the
pleadings. [DE-22]
7. Plaintiff served her Initial Disclosures on March 22, 2011, which were received
by counsel for the Board on April 1, 2011. Plaintiffs Initial Disclosures included a disclosure
that Plaintiff seeks compensatory damages in connection with the remaining ADA claim for
failure to accommodate.
an early stage.
8. No discovery has otherwise been taken or served in this action and discovery is at
9. The Board moves the Court for leave to amend its Answer to assert the Boards
good faith efforts to provide a reasonable accommodation as a bar to recovery of compensatory
damages under 42 U.S.C. § 1981a. The Court has, in its previous Order, dismissed any
purported claim for punitive damages. [DE-18]
10. The Board submits that Plaintiff will not be unfairly prejudiced if the Court grants
the Board leave to amend its answer in this action by service of the First Amended Answer at
this early stage of the action.
11. Counsel for the Plaintiff was provided with a copy of this Motion, supporting
memorandum and proposed Order by electronic mail on April 5, 2011.
12. In further support of this Motion, the Board relies upon the grounds and
authorities set forth in the supporting memorandum filed contemporaneously with this Motion.
WHEREFORE, the Board respectfully requests that the Court grant it leave to amend its
answer by service of the First Amended Answer attached to this Motion.
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R0637116
Respectfully submitted, this the 12th day of April, 2011.
/s/ Daniel W. Clark
Tharrington Smith, L.L.P.
209 Fayetteville Street
Post Office Box 1151
Raleigh, North Carolina 27602-1151
Telephone: (919) 821-4711
Facsimile: (919) 829-1583
E-mail: dclark@tharringtonsmith.com
State Bar No. 15804
/s/ Christine T. Scheef
Tharrington Smith, L.L.P.
209 Fayetteville Street Mall
Post Office Box 1151
Raleigh, North Carolina 27602-1151
Telephone: (919) 821-4711
Fax: (919) 829-1583
E-mail: csheef@tharringtonsmith.com
State Bar No. 34874
ATTORNEYS FOR DEFENDANT
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Case 5:07-cv-00231-F Document 27 Filed 04/12/11 Page 3 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
PAMELA L. HENSLEY, )
)
Plaintiff, )
)
v. )
)
JOHNSTON COUNTY BOARD OF )
EDUCATION, )
)
Defendant. )
Case No. 5:07-CV-231
CERTIFICATE OF SERVICE
I hereby certify that on April 12, 2011, I electronically filed the foregoing with the Clerk
of Court using the CM/ECF system which will send notification of such filing to the following:
Mary-Ann Leon
THE LEON LAW FIRM, P.C.
Attorney For Plaintiff Pamela L. Hensley
Post Office Box 20338
Greenville, North Carolina 27858
maleon@leonlaw.com
THARRINGTON SMITH, L.L.P.
/s/ Daniel W. Clark (State Bar No. 15804)
/s/ Christine T. Scheef (State Bar No. 34874)
209 Fayetteville Street
Post Office Box 1151
Raleigh, North Carolina 27602-1151
Telephone: (919) 821-4711
Facsimile: (919) 829-1583
E-mail: dclark@tharringtonsmith.com
E-mail: csheef@tharringtonsmith.com
ATTORNEYS FOR DEFENDANT
4
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