B.H., et al. v. Johnston County Board of Education

Filing 16

ORDER denying 12 Motion to Strike - Turning to the case schedule, the parties recently conferred and have come together to propose a case schedule (DE # 15), which appears appropriate. Without more, good cause having been found, the court adopts as its own the schedule of case events outlined in the parties joint report. Defendants timely shall file and serve their response to amended complaint herein allowed, and thereafter the court will take up such issues as presented on the cross-motions anticipated to be made. Signed by District Judge Louise Wood Flanagan on 11/09/2012. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:12-CV-405-FL

B.H., by his parents T.H. and J.H.;
T.H.; and, J.H.,
Plaintiffs,
v.
JOHNSTON COUNTY BOARD OF
EDUCATION,
Defendant.

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ORDER

This case wherein plaintiff complains of violations of the Individuals with Disabilities
Education Improvement Act (“IDEA”), 20 U.S.C. §§ 1400, et seq., in complaint filed July 2, 2012,
20 U.S.C., comes now before the court upon motion to strike attempted amendment of same (DE#
12), and for purposes of establishing a case schedule.
Defendant’s complaint is well taken, that plaintiffs were required to seek leave of the court
or consent, as they were out of time to affect on their own initiative, without more, amendment under
Rule 15 of the Federal Rules of Civil Procedure. Defendant also expresses concern about the
inclusion of an e-mail transmittal.
While the court does not excuse the error of plaintiffs, the reach of Rule 1 in this
circumstance and case law showing leave freely given in rulings under Rule 15, suggest efficiencies
in permitting plaintiffs at this early stage to amend complaint. The motion to strike is denied. The
court need not address now, however, the weight if any to be given to the e-mail transmittal in this
litigation.

Turning to the case schedule, the parties recently conferred and have come together to
propose a case schedule (DE # 15), which appears appropriate. Without more, good cause having
been found, the court adopts as its own the schedule of case events outlined in the parties’ joint
report. Defendants timely shall file and serve their response to amended complaint herein allowed,
and thereafter the court will take up such issues as presented on the cross-motions anticipated to be
made.
SO ORDERED, this the 9th day of November, 2012.

LOUISE W. FLANAGAN
United States District Court Judge

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