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Labor & Employment – Public Employees – Civil Practice – Pleadings – Amendment – Good Cause Standard

Jensen v. Western Carolina University (Lawyers Weekly No. 12-04-1117, 12 pp.) (Martin Reidinger, J.) 2:112-cv-00033; W.D.N.C.

Holding: Since plaintiff filed his motion for leave to amend his complaint (for a third time) after the deadlines provided by the scheduling order had passed, he must meet Fed. R. Civ. P. 16(b)(4)’s good cause standard.

Plaintiff candidly admits that, as pointed out in defendants’ brief in support of their pending summary judgment motion, plaintiff was reporting the discrimination complaint of a student rather than a co-worker; therefore, his claim sounds in Title IX rather than Title VII. No other reason is provided to show good cause for failing to move for leave to amend prior to this time. Failure to recognize that the Title VII claim is not viable and now seeking to assert a new claim under a completely different act fall short of what is required to satisfy the good cause standard.

Plaintiff’s motion to amend his complaint is denied.

Where plaintiff has given no reason for dismissal without prejudice – as opposed to with prejudice — plaintiff’s motion to dismiss his N.C. Whistleblower Act and Title VII claims without prejudice is denied.

Plaintiff having conceded that no Title VII claim is viable on the facts of this case, his Title VII claim is dismissed with prejudice.


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