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Macklin v. Mendenhall

May 18, 2009

REBECCA MACKLIN, PLAINTIFF,
v.
DALE MENDENHALL, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER GRANTING PLAINTIFF'S MOTION TO SUPPLEMENT COMPLAINT(Document 20)

On April 3, 2009, Plaintiff Rebecca Macklin ("Plaintiff") filed a motion to supplement her complaint pursuant to Federal Rule of Civil Procedure 15. Defendants Dale Mendenhall ("Mendenhall"), Mark DeRosia ("DeRosia") and City of Delano ("City") (collectively "Defendants") filed an opposition on April 17, 2009. Plaintiff filed a reply on April 27, 2009. The Court deemed the matter suitable for decision without oral argument and vacated the May 15, 2009, hearing date.

BACKGROUND

Plaintiff filed the instant sexual harassment action on June 22, 2008. She asserts the following: (1) a claim pursuant to 42 U.S.C.§ 1983 ("Section 1983") against Mendenhall for violation of the equal protection clause of the 14th Amendment; (2) sexual harassment in violation of FEHA against Mendenhall; (3) a Section 1983 claim against DeRosia for quid pro quo harassment in violation of the equal protection clause of the 14th Amendment; (4) sexual harassment in violation of FEHA against DeRosia; (5) sexual harassment by Mendenhall in violation of FEHA against the City of Delano; (6) sexual harassment by DeRosia in Violation of FEHA against the City of Delano; and (7) retaliation in violation of FEHA against the City of Delano for conduct by DeRosia.

The Court entered a Scheduling Order in this matter on December 17, 2008. There were no proposed amendments to the pleadings. (Doc. 12).

On March 30, 2009, the Court entered a partial protective order ("Protective Order") limiting certain of Defendants' discovery inquiries relating to Plaintiff's consensual sexual conduct or dating relationships. (Doc. 19).

On April 3, 2009, Plaintiff filed the present motion to supplement her complaint pursuant to Federal Rule of Civil Procedure 15(d). Defendants filed an opposition to the motion on April 17, 2009, along with a request for judicial notice. Plaintiff filed her reply on April 27, 2009.

FACTUAL BACKGROUND

Defendants report that in January 2007, Plaintiff was placed on paid administrative leave pending an Administrative Investigation ("IA") into allegations that she failed to account for marijuana she confiscated during a criminal investigation and that she instructed her police trainee to falsify the report. During the IA, the City discovered other alleged misconduct, including failure to book methamphetamine into evidence and association with known gang members. The IA sustained most of the allegations. While the IA was ongoing, the Delano District Attorney ("DA") conducted an investigation of Plaintiff's mishandling of the marijuana and the police report falsification. The DA criminally charged Plaintiff. She was acquitted in August 2007.

In July 2007, before her criminal trial, Plaintiff contacted the City and reported that her suspension and subsequent criminal charges stemmed from an incident in November 2006 when she rejected DeRosia's alleged request to join him for drinks. The City reportedly launched an investigation. In September 2006, Plaintiff filed a complaint with DFEH, alleging that DeRosia subjected her to quid pro quo sexual harassment and that Mendenhall had been sexually harassing her since September 2006.

On December 29, 2007, the City began termination proceedings, sending Plaintiff a "Notice of Proposed Discipline - Intent to Terminate." Exhibit A to Niecia Barton's Declaration in Support of Opposition. Plaintiff attended a Skelly*fn1 conference on February 20, 2008, where she had an opportunity to respond to the charges in the notice. Barton Decl., ¶ 6.

Plaintiff initiated the instant action in June 2008. (Doc. 1). Thereafter, the City issued a final "Notice of Termination" on February 10, 2009. Exhibit B to Barton Decl.

Plaintiff now seeks to add allegations and claims relating to ...


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