MORT et al v. LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES et al

Filing 51

MOTION for Leave to File Second Amended Complaint by ELIZABETH MORT, ALEX RODRIGUEZ. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Dodge, Patricia)

901481.3.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTh2ICT OF PENNSYLVANIA
ELIZABETH MORT and. ALEX
RODRIGUEZ,
Plaintiffs,
v.

Civil Action No. 2:10-cv-01438-DSC

LAWRENCE COUNTY CHILDREN AND
YOUTH SERVICES; LAWRENCE
COUNTY; CHRISSY MONTAGUE,
Lawrence County Children and Youth
Services Caseworker; and JAMESON
HEALTH SYSTEM, INC.,
Defendants.

Plaintiffs, by their undersigned counsel, hereby move pursuant to Fed. R. Civ. P. 15(a)
for leave to file a Second Amended Complaint, attached hereto as Exhibit 1, and as grounds
therefor aver as follows:
1.

Plaintiffs seek leave to file a Second Amended Complaint to add two additional

Defendants: Lawrence County Children and Youth Services ("CYS") Director Jane Gajda ("Ms.
Gajda") and Intake Supervisor Sandy Copper ("Ms. Copper").
2.

These changes to the Amended Complaint are based an information learned

during discovery in this case.
3.

Specifically, during the course of discovery it has become evident that Ms. Gajda,

as the Director of CYS, is responsible for implementing and approving CYS's policies and
practices, including the policy at issue in this case. Therefore, the Plaintiffs seek leave to amend
the Amended Complaint to add Ms. Gajda as a defendant to CountsIacid II.

901481.3

4.

Additionally, it has been uncovered that Ms. Copper was the individual notified

by Defendant Jameson Health System, Inc. ("Jameson") that Plaintiff Elizabeth Mort's
{"Plaintiff Mort") confirmation test results were positive for opiates. Further, it has been
discovered that it was at the instruction of Ms. Copper that Defendant Chrissy Montague sought
a court order on April 30, 2010, permitting CYS to take baby Isabella Rodriguez into emergency
protective custody solely on the basis of Jameson's report to Defendant Copper that Plaintiff
Mort had tested positive for opiates. As a result, the Plaintiffs also seek leave to amend their
Amended Complaint to add Ms. Copper as a defendant to CountsIand II.
5.

The changes made to the Amended Complaint will not prejudice the Defendants

because there is still ample time left for discovery in this case, as the Plaintiffs intend to file a
motion to extend the deadline to conduct discovery shortly.
6.

Further, the two additional Defendants had notice of the claims in this case as

employees of one of the originally named Defendants, CYS.
7.

Finally, the amendment has been made within the time allowed for amendments

in this case and would not result in either "substantial" prejudice to the Defendants or unduly
delay the case.
8.

Leave to amend "shall be freely given when justice so requires." Fed. R. Civ. P.

15(a). The Third Circuit has noted that courts should exercise "strong liberality" in allowing
amendments under Rule 15(a), Heyl &Patterson Intl, Inc. v. D.F. Rich Housing, 663 F.2d 419,
425 (3d Cir. 1981), and has "held consistently that leave to amend should be freely granted."
Dole v. Arco Chemical Co., 921. F.2d 484, 4$6 {3d Cir. 1990).

2

901481.3

WHEREFORE, Plaintiffs respectfully request that this Court grant leave to file the
attached Second Amended Complaint to add Lawrence County Children and Youth Services
employees Jane Gajda and Sandy Copper as Defendants.
MEYER, UNKOVIC &SCOTT LLP
By: /s/Patricia L. Dodge
Patricia L. Dodge
PA ID No. 35393
Antoinette Oliver
PA ID No. 206148
535 Smithfield Street
Suite 1300
Pittsburgh, PA 15222-2315
[phone]
[e-mail]
[e-mail]
By; /s/Sara J. Rose
Sara J. Rose
1'A ID No. 204936
Witold J. Walczak
PA ID No. 62976
AMERICAN CIVIL LIBERTIES
FOUNDATION OF PENNSYLVANIA
313 Atwood Street
Pittsburgh, PA 1521.3
[phone]
[e-mail]
[e-mail]

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901481.2.

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Motion For
Leave to File Second Amended Complaint was served this 24th day of October, 2011, via the
Court's electronic transmission facilities pursuant to Fed. R. Civ. P. 5(b)(3) and Local Rule 5.5
upon the following:
John C. Conti, Esquire
Richard J. Kabbert, Esquire
Dickie, McCamey & Chilcote
Two PPG Place, Suite 400
Pittsburgh, PA 15222
(Counselfor Defendant Jameson Health System, Inc.)
Marie Milie Jones, Esquire
Meyer, Darragh, Buckler, Bebenek &Eck, P.L.L.C.
U.S. Steel Tower, Suite 4850
600 Grant Street
Pittsburgh, PA 15219
{Counselfor Defendants Lawrence County, Lawrence County Children and Youth Servzces and
Chrissy Montague)

By: /s/Patricia L. Dodge
Counsel for Plaintiffs