Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

James M. Lanier v. Fresno Unified School District

May 2, 2013

JAMES M. LANIER,
PLAINTIFF,
v.
FRESNO UNIFIED SCHOOL DISTRICT,
DEFENDANT.



The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

ORDER ON DEFENDANT'S MOTION TO AMEND ANSWER

Currently before the Court is Defendant Fresno Unified School District's ("Defendant") Motion to Amend its Answer to Plaintiff's First Amended Complaint. (Doc. 83.) Defendant seeks to amend its Answer to add two affirmative defenses: (1) Plaintiff's claims are barred by the statute of limitations; and (2) Plaintiff's claim is barred by the doctrine of res judicata.

Pro se Plaintiff James Lanier filed his opposition on April 19, 2013. (Doc. 90.) Defendant filed its reply brief on April 26, 2013. (Doc. 91). The Court deemed the matter suitable for decision without oral argument pursuant to Local Rule 230(g), and vacated the hearing scheduled for May 3, 2013. (Doc. 92.) Having carefully considered the parties' submissions and the entire record in this case, the Court GRANTS Defendant's Motion to Amend its Answer.

BACKGROUND

This civil rights action arises out of Plaintiff's unsuccessful attempt to secure a sports officiating contract from Defendant. Plaintiff alleges Defendant's refusal to grant Plaintiff the sports officiating contract was racially motivated.

The parties have litigated multiple motions to dismiss. All that remains of Plaintiff's First Amended Complaint ("FAC") is Plaintiff's claim for race discrimination under Title VI, 42 U.S.C. § 2000d. (Doc. 47.)

Defendant seeks leave under Rule 15 of the Federal Civil Rules of Civil Procedure to amend its answer and add the following affirmative defenses to Plaintiff's Title VI claim:

THIRTEENTH AFFIRMATIVE DEFENSE:

13: AS A SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,

District is informed and believes, and thereon alleges, that the claims alleged and the relief prayed for in the FAC is barred in whole or in part by the applicable statutes of limitations.

FOURTEENTH AFFIRMATIVE DEFENSE

14: AS A SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,

District is informed and believes, and thereon alleges, that the claims and issues asserted in the FAC are barred in whole or in part by the doctrines of and [sic] res judicata and collateral estoppel, as all claims and issues alleged therein either were or could have been litigated and adjudicated in the case entitled Lanier v. Fresno Unified School District in the Fresno County Superior Court, Case No. 09-CECG-03763, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.