C.G. v. Rogers et al

Filing 21

MEMORANDUM OPINION & ORDER Signed by Senior Judge Thomas B. Russell on 6/28/2017 denying 15 Motion to Dismiss; granting 16 Motion for Leave to; finding as moot 17 Motion for Extension of Time to File Response/Reply. One final point bears m ention. As Defendants point out and C.G. admits,the proposed second amended complaint C.G. tendered with her motion contains anincorrect case caption. The Court will allow Glunt to file a corrected version. Within twenty-one days of the entry of this Order, Plaintiff shall file and serve an amended complaint that complies with Federal Rule of Civil Procedure 17. cc: Counsel(KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CIVIL ACTION NO. 5:17-CV-00058-TBR
C.G. (a minor)

PLAINTIFF

v.
LYNN ROGERS, et al.

DEFENDANTS
Memorandum Opinion and Order

Plaintiff C.G., a minor, alleges that Lynn Rogers, a teacher at the Paducah
Area Technology Center (PATC), sexually harassed her at school. See [DN 8.] In
her first amended complaint, C.G. names four defendants: Rogers; the Paducah
Board of Education; Arthur Davis, Principal of Paducah Tilghman High School; and
the unnamed principal of the PATC.

[Id. at 1.]

answered C.G.’s amended complaint.

Rogers and the PATC principal

See [DN 14.]

The Board of Education and Davis, however, now move to dismiss C.G.’s
original and amended complaints.

[DN 15.]

They correctly state that as a minor,

C.G. may not bring this action on her own behalf.

Rule 17(b) provides that

“[c]apacity to sue or be sued is determined . . . by the law of the state where the
court is located.” Fed. R. Civ. P. 17(b)-(b)(3). In turn, under Kentucky law,
“[a]ctions involving unmarried infants . . . shall be brought by the party’s guardian.”
Ky. R. Civ. P. 17.03.

In response to Defendants’ motion, C.G. requests leave to file

a second amended complaint. [DN 16.] She seeks to add Casey Glunt, her father
and legal guardian, as a plaintiff in this action.

[Id. at 2.]

Pursuant to Rule 17(a)(3), “[t]he court may not dismiss an action for failure to
prosecute in the name of the real party in interest until, after an objection, a
reasonable time has been allowed for the real party in interest to ratify, join, or be
substituted into the action.” Fed. R. Civ. P. 17(a)(3).

Further, courts should

“freely give leave [to amend pleadings] when justice so requires.”

Fed. R. Civ. P.

15(a)(2). Defendants have not shown they will be unfairly prejudiced in any way if
the Court allows C.G. to add Casey Glunt to bring this suit on her behalf.

This

matter is in its infancy, and allowing Glunt into the case “is merely formal and in no
way alters the original complaint's factual allegations as to the events or the
participants.’”

Zurich Ins. Co. v. Logitrans, Inc., 297 F.3d 528, 534 (6th Cir. 2002)

(Gilman, J., concurring) (citation omitted).
One final point bears mention.

As Defendants point out and C.G. admits,

the proposed second amended complaint C.G. tendered with her motion contains an
incorrect case caption.

The Court will allow Glunt to file a corrected version.

Accordingly, and for the foregoing reasons, IT IS HEREBY ORDERED:
Defendants’ motion to dismiss [DN 15] is DENIED.

Plaintiff’s motion for

leave to file a second amended complaint [DN 16] is GRANTED.
for extension of time [DN 17] is DENIED AS MOOT.

Plaintiff’s motion

Within twenty-one days of

the entry of this Order, Plaintiff shall file and serve an amended complaint that
complies with Federal Rule of Civil Procedure 17.

CC: Counsel of Record

2

June 28, 2017