BOE Motion to Amend its Answer to Complaints

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.
2
Case 5:07-cv-00231-F Document 27 Filed 04/12/11 Page 2 of 4