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

Filing 52

BRIEF in Support re 51 Motion for Leave to File Second Amended Complaint filed by ELIZABETH MORT, ALEX RODRIGUEZ. (Dodge, Patricia)

901586.1

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

Civil Action No. 2:10-cv-01.438-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 Elizabeth Mort and Alex Rodriguez ("Plaintiffs"), by and through their
undersigned. counsel, submit this Memorandum in Support of Motion for Leave to File Second
Amended Complaint pursuant to Rule 15(a), Fed. R Civ. Pro. For the reasons that follow, this
Court should grant the Plaintiffs' Motion for Leave to File Second Amended Complaint
{"Motion").
L

INTRODUCTION
On October 28, 2010, the Plaintiffs filed afour-count Complaint against Defendants

Lawrence County Children and Youth Services, Chrissy Montague and Jameson Health System,
Inc. ("Jameson") On December 1, 2010, the Plaintiffs filed an Amended Complaint adding
Defendant Lawrence County. On December 30, 2010, Jameson filed a Motion to Dismiss
Plaintiffs' Amended Complaint. On January 17, 2011, Defendants Lawrence County, Lawrence
County Children and Youth Services {collectively referred to as "LCCYS") and Chrissy

901586.1

Montague (collectively referred to as the "Lawrence County Defendants") also filed a Motion to
Dismiss the Plaintiffs' Amended Complaint. After briefing by the parties, on August 31, 2011,
this Court entered an Order granting in part and denying in part Defendants' Motions to
Dismiss.l

On October 10, 2011, the Defendants filed Answers to the Plaintiffs' Amended

Complaint. Pursuant to the Court's August 3, 2011 Order, the deadline to amend the pleadings
and/or add new parties is October 22, 2011.2
A.

The Facts and Issues Raised in the Amended Complaint as Filed.

As currently filed, the Amended Complaint states claims for violation of the PlainrifFs'
Fourteenth Amendment right to substantive due process against the Lawrence County
Defendants (Count I) and conspiracy to violate Plaintiffs' civil rights against all Defendants
{Count II). In discovery, the parties have exchanged Rule 2b(a) Disclosures and the Plaintiffs
have served the Defendants with Requests for Production of Documents. Tile Plaintiffs have
also obtained additional information through their deposition of Defendant Montague.
B.

The Proposed Amendment.

Based on additional information learned during discovery, the Plaintiffs seek to amend
their 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"). 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

~ The Court's Order dismissed the Plaintiffs' claims for negligence (Count III) and invasion of
privacy (Count IV) against Jameson.
2 Because the deadline falls on a weekend, it is extended to the first day the Clerk's Office is
accessible or Monday, October 24, 2011. See Rule 6(a)(3), Fed. R. Civ. Pro.

901586.1

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 CountsIand II.
Additionally, it has been uncovered that Ms. Copper was the individual notified by
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 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 CountsI
and II.
•.
In accordance with Federal Rule of Civil Procedure 15{a), leave to amend "shall be freely
given when justice so requires." Fed. R. Civ. P. 15(a). Moreover, the Third Circuit has noted
that courts should exercise "strong liberality" in allowing amendments under Rule 15(a), Heyl &
Pattefson 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, 486 (3d Cir. 1990). Given this standard, the procedural posture of the case, and the
amendment. sought, the Plaintiffs request that their motion be granted.
The proposed amendment will not result in any prejudice to any party and will not unduly
delay this case. 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. Further, the two additional
Defendants had notice of the claims in this case as employees of ozie of the originally named
Defendants, CYS.

Finally, the amendment has been made within the tune allowed for

-3-

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

CONCLUSION
For the reasons set forth above, the Plaintiffs respectfully request that their Motion for

Leave to Amend be granted and that they be permitted to file an Amended Complaint
substantially in the form of Exhibit 1 attached to Plaintiffs' Motion for Leave to File Second
Amended Complaint.
MEYER, UNKOVIC &SCOTT LLP
By: /s/Patricia ~. Dod~-e
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
PA ID No. 20493 b
Witold J. Walczak
PA ID No. 62976
AMERICAN CIVIL LIBERTIES FOLINDATION OF PENNSYLVANIA.
13 Atwood Street
Pittsburgh, PA 15213
{412) 681-7864
[e-mail]
[e-mail]

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CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing Memorandum in
Support of Motion for Leave to File Second Amended Complaint was served this 24t1i 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
(Counselfog 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 ~cawrence County, Lawrence County Children and Youth SeiAvices and
Chrissy Montague)

$y: /s/Patricia L. Dodge