KELLEY et al v. DAVIS et al

Filing 21

ORDER granting 19 Motion for leave to file an amended complaint. The plaintiffs immediately shall effect service of the amended complaint and summons on defendant Madison County. Signed by Magistrate Judge Debra McVicker Lynch on 7/25/2011. (TMA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
LELIA KELLEY and
LINDA STEPHENS,
Plaintiffs,
v.
LARRY DAVIS, individually and in his
Official capacity as Madison County Assessor,
Defendant.

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) CASE NO: 1:11cv-0331-SEB-DML
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Order on Motion for Leave to File Amended Complaint
This matter is before the court on the motion (Dkt. 19) by plaintiffs Lelia Kelley and
Linda Stephens for leave to file an amended complaint. The proposed complaint seeks to add
Madison County as a defendant and assert claims against it arising out of the termination of the
plaintiffs’ employment with the Madison County Assessor’s office at issue in this lawsuit. The
plaintiffs’ current complaint names as the sole defendant Madison County Assessor Larry Davis,
in his official and individual capacities.
The plaintiffs assert that their ability to obtain complete relief without naming Madison
County as a defendant may be impeded because (a) Madison County may be deemed to be their
employer (citing Braddock v. Madison County, 34 F. Supp. 2d 1098, 1106-07 (S.D. Ind. 1998));
and (b) Madison County is a necessary party because Mr. Davis has been named in his official
capacity and Madison County may be responsible for paying any judgment and have rights to
control settlement of the litigation (citing Carver v. Sheriff of LaSalle County, 324 F.3d 947, 948
(7th Cir. 2003)).

The plaintiffs’ motion for leave to amend has been filed within the deadline set in the
case management order and the plaintiffs have set forth sufficient bases for the court to find that
justice is served by allowing the amendment. See Fed. R. Civ. P. 16(b)(4) and 15(a)(2).
Accordingly, the court GRANTS the plaintiffs’ motion for leave to file their amended complaint.
The amended complaint, at Dkt. 19-1, is deemed filed and served on defendant Larry Davis as of
the date of this order. The plaintiffs immediately shall effect service of the amended complaint
and summons on defendant Madison County.
So ORDERED.
07/25/2011
Date: ____________________

____________________________________
Debra McVicker Lynch
United States Magistrate Judge
Southern District of Indiana

Distribution:
Robert Adam Hicks
MACEY SWANSON & ALLMAN
[e-mail]
Barry A. Macey
MACEY SWANSON AND ALLMAN
[e-mail]
Ronald J. Semler
STEPHENSON MOROW & SEMLER
[e-mail]
James S. Stephenson
STEPHENSON MOROW & SEMLER
[e-mail]

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