IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

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1 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, [DE-1] 3. Defendant Board filed its Motion to Dismiss this action on July 30, [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 plaintiff s hearing impairment under the Americans With Disabilities Act. [DE-18] 5. The Board filed its Answer to that remaining claim on January 6, [DE-20] 6. Counsel for the parties conferred and submitted a Joint Discovery Plan on February 18, [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 Case 5:07-cv F Document 27 Filed 04/12/11 Page 1 of 4

2 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, Plaintiff s Initial Disclosures included a disclosure that Plaintiff seeks compensatory damages in connection with the remaining ADA claim for failure to accommodate. 8. No discovery has otherwise been taken or served in this action and discovery is at an early stage. 9. The Board moves the Court for leave to amend its Answer to assert the Board s 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, 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 F Document 27 Filed 04/12/11 Page 2 of 4

3 Respectfully submitted, this the 12th day of April, /s/ Daniel W. Clark Tharrington Smith, L.L.P. 209 Fayetteville Street Post Office Box 1151 Raleigh, North Carolina Telephone: ( Facsimile: ( State Bar No /s/ Christine T. Scheef Tharrington Smith, L.L.P. 209 Fayetteville Street Mall Post Office Box 1151 Raleigh, North Carolina Telephone: ( Fax: ( State Bar No ATTORNEYS FOR DEFENDANT R Case 5:07-cv F Document 27 Filed 04/12/11 Page 3 of 4

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 Greenville, North Carolina maleon@leonlaw.com THARRINGTON SMITH, L.L.P. /s/ Daniel W. Clark (State Bar No /s/ Christine T. Scheef (State Bar No Fayetteville Street Post Office Box 1151 Raleigh, North Carolina Telephone: ( Facsimile: ( dclark@tharringtonsmith.com csheef@tharringtonsmith.com ATTORNEYS FOR DEFENDANT 4 Case 5:07-cv F Document 27 Filed 04/12/11 Page 4 of 4

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