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

Similar documents
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO: 5:07-CV-231

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 1:16-CV-1164-WO-JEP

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 1:10-CV ANSWER TO PLAINTIFF S FIRST AMENDED COMPLAINT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. No. 5:07-HC-2020-BR

Case 4:15-cv DPM Document 25 Filed 05/06/16 Page 1 of 12

Case: LTS Doc#:111 Filed:05/25/17 Entered:05/25/17 13:40:50 Document Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:05-cv REB-CBS Document 34 Filed 12/09/2005 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NO. 1:15-CV TDS-JEP. Plaintiffs, Defendants.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION. Case No. 3:18-CV FDW-DSC

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

Case Doc 369 Filed 01/15/19 Page 1 of 9. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION Chapter 11

Case 1:08-cv RPM Document 12 Filed 01/16/09 USDC Colorado Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 1:16-CV-1164-WO-JEP

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA, TALLAHASSEE DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:14-cv BR ) ) ) ) ) ) ) ) ) )

Case 1:17-cv DPG Document 3 Entered on FLSD Docket 08/04/2017 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Case: Document: 6 Filed: 11/03/2016 Pages: 6 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA PLAINTIFFS PROPOSED QUESTIONS FOR THE SPECIAL MASTER

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. No. 5:09-CT D ) ) ) ) ) ) ) ) )

Case 2:15-cv CMR Document 6 Filed 03/28/16 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Case 2:16-cv JNP Document 105 Filed 08/17/17 Page 1 of 106

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:16-CV-1164-WO-JEP

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA COMPLAINT FOR DECLARATORY JUDGMENT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA

THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CASE NO.: CV-T-26-MAP

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Case No. 7:14-CV F

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NO. 1:16-CV-1164 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:18-cv Document 1 Filed 04/26/18 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:17-cv RC Document 8 Filed 09/25/17 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:18-cv JLK Document 1 Entered on FLSD Docket 02/22/2018 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF FLORIDA

Case 2:10-cv SLB Document 14 Filed 01/21/11 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA

Case 4:08-cv RP-CFB Document 371 Filed 12/05/17 Page 1 of 5

Case 1:12-cv RPM Document 24 Filed 03/06/13 USDC Colorado Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:11-cv GBL -TRJ Document 4 Filed 09/09/11 Page 1 of 5 PageID# 349

Case 0:16-cv WPD Document 29 Entered on FLSD Docket 02/07/2017 Page 1 of 4

Case 1:09-cv JCH-DJS Document 91 Filed 07/26/10 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Case 3:15-cv RGJ-KLH Document 38 Filed 11/25/16 Page 1 of 9 PageID #: 257 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CASE NO. 1:13-CV-658

Case 1:12-cv JD Document 202 Filed 07/02/14 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPHIRE

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO UNOPPOSED MOTION TO WITHDRAW AS COUNSEL

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Case 2:17-cv JLL-JAD Document 1 Filed 08/16/17 Page 1 of 6 PageID: 1 : : : : : : : : : :

Case 2:16-cv SDW-LDW Document 1 Filed 04/14/16 Page 1 of 9 PageID: 1

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. No. 5:10-CT-3123-BO ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION C.A. NO. 1:16-CV TCB

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Case 4:18-cv KGB-DB-BSM Document 38 Filed 06/14/18 Page 1 of 9

Case 0:18-cv FAM Document 1 Entered on FLSD Docket 03/19/2018 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NO. 1:15-CV ) ) ) ) ) ) ) ) ) )

Case 5:08-cv JW Document 49 Filed 02/05/2009 Page 1 of 13 UNITED STATES DISTRICT COURT SAN JOSE DIVISION

JOINT NOTICE REGARDING POTENTIAL SPECIAL MASTER. Pursuant to this Court s instructions on August 27, 2018, ECF 142 in 1:16-cv-

Case 1:18-cv CG-B Document 18 Filed 03/20/18 Page 1 of 3

EARTH FARE, INC. S MOTION TO ALTER OR AMEND A JUDGMENT

Case 3:05-cv Document 22 Filed 06/09/2006 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 2:14-cv MRH Document 1 Filed 05/27/14 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA. Case No.

Case MDL No Document 76 Filed 11/18/15 Page 1 of 5 BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.:

Case 2:17-cv RAJ Document 36 Filed 07/21/17 Page 1 of 5

Case 8:13-cv JSM-AEP Document 17 Filed 01/14/14 Page 1 of 12 PageID 64 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

READ THIS BEFORE COMPLETING THE FORMS!!! INSTRUCTIONS FOR MOTION FOR MODIFICATION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION CASE NO.: 11-CV WPD

mew Doc 667 Filed 06/07/17 Entered 06/07/17 16:45:24 Main Document Pg 1 of 4

Case 9:15-cv KAM Document 37 Entered on FLSD Docket 06/03/2015 Page 1 of 7

Case MFW Doc 71 Filed 11/29/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:14-cv-213 ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO PRETRIAL ORDERS

Case 3:16-cv CWR-FKB Document 79 Filed 01/06/17 Page 1 of 4

Case 5:10-cv C Document 1 Filed 07/28/10 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION

Case 2:12-cv MSD-TEM Document 4 Filed 12/26/12 Page 1 of 11 PageID# 25

Defendants hereby move for a stay of all case deadlines in the abovecaptioned. 1. At the end of the day on December 21, 2018, the appropriations act

MOTION FOR TELEPHONE TESTIMONY OF W. SCOTT ROCKEFELLER WITH REQUEST FOR EXPEDITED RULING

Case 1:18-cv LY Document 43 Filed 09/17/18 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:18-cv PGG Document 1 Filed 10/24/18 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:16-cv RNS Document 24 Entered on FLSD Docket 08/16/2016 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION

Case 1:09-cv RWR Document 17 Filed 01/05/10 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 9:17-cv KAM Document 10 Entered on FLSD Docket 04/25/2017 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION [NUMBER]

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No: 5:11-cv ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI HATTIESBURG DIVISION CIVIL ACTION NO.

FILED: NEW YORK COUNTY CLERK 10/03/ :58 PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/03/2016

Case: 1:11-cv Document #: 353 Filed: 01/20/17 Page 1 of 8 PageID #:4147

Case 1:17-cv TSC Document 13 Filed 09/08/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORIGINAL COMPLAINT

Transcription:

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 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, 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 Case 5:07-cv-00231-F Document 27 Filed 04/12/11 Page 1 of 4

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. 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, 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

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 R0637116 3 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 Case 5:07-cv-00231-F Document 27 Filed 04/12/11 Page 4 of 4

Case 5:07-cv-00231-F Document 27-1 Filed 04/12/11 Page 1 of 9

Case 5:07-cv-00231-F Document 27-1 Filed 04/12/11 Page 2 of 9

Case 5:07-cv-00231-F Document 27-1 Filed 04/12/11 Page 3 of 9

Case 5:07-cv-00231-F Document 27-1 Filed 04/12/11 Page 4 of 9

Case 5:07-cv-00231-F Document 27-1 Filed 04/12/11 Page 5 of 9

Case 5:07-cv-00231-F Document 27-1 Filed 04/12/11 Page 6 of 9

Case 5:07-cv-00231-F Document 27-1 Filed 04/12/11 Page 7 of 9

Case 5:07-cv-00231-F Document 27-1 Filed 04/12/11 Page 8 of 9

Case 5:07-cv-00231-F Document 27-1 Filed 04/12/11 Page 9 of 9