Ortiz v. The Vance County School Administrative Unit, et al

Filing 39

ORDER dismissing as moot 31 Motion to Dismiss for Lack of Jurisdiction; granting 36 Motion to Amend/Correct Complaint. Ortiz shall file the amended complaint by December 27, 2018. Defendants may plead in response to the amendedcomplaint. Signed by District Judge James C. Dever III on 12/21/2018. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTII CAROLINA
WESTERN DIVISION
No. 5:18-CV-91-D
DOROTIIY H. ORTIZ,
Plaintiff,

v.
THEVANCECOUNTYSCHOOL
ADMINISTRATION UNIT, and
VANCE COUNTY BOARD OF
EDUCATION,

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ORDER

Defendants. )
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On March 6, 2018, Dorothy H. Ortiz ("Ortiz" or ''plaintiff'') filed a complaint against the

Vance County School Administrative Unit d/b/a Vance County Public Schools ("VCPS") and the
Vance County Board of Education ("Board", collectively "defendants"), alleging retaliation and
harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et ~and
intentional infliction of emotional distress ("liED") in violation ofNorth Carolina law [D.E. 1]. On
June 4, 2018, Ortiz moved to amend her complaint [D.E. 15]. On September 24, 2018, the court
granted Ortiz's motion to amend [D.E. 25].
On October 1, 2018, Ortiz filed an amended complaint [D.E. 26]. On October 10, 2018,

defendants moved to dismiss Ortiz's complaint for lack of subject-matter jurisdiction and failure to
state a claim upon which relief can be granted [D.E. 31] and filed a memorandum in support [D.E.
32]. On October 31,2018, Ortiz responded in opposition [D.E. 33, 34]. On November 13,2018,
defendants replied [D.E. 35]. On December 19, 2018, Ortiz moved for leave to file a second
amended complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure [D.E. 36]. Ortiz
also filed a memorandum in support and a proposed second amended complaint [D.E. 37, 36-4].

The court GRANTS Ortiz's motion for leave to amend her complaint [D.E. 36]. In light of
that motion, defendants' motion to dismiss [D.E. 31] is DISMISSED as moot. Ortiz shall file the
amended complaint by December 27, 2018. Defendants may plead in response to the amended
complaint. See Fed. R. Civ. P. 15(a)(3).
SO ORDERED. This J::.!. day of December 2018.

J

SC.DEVERill
United States District Judge