Davis v. Mama Bears, Ruling re: commission's motion to amend the complaint
CHRO No. 0430103
Fed No. 16aa301968
Commission on Human Rights and Opportunities ex rel.
Keith A. Davis
Mama Bears LLC
August 29, 2005
Ruling re: commission's motion to amend the complaint
By motion dated and filed June 29, 2005, the commission moves to amend the
complaint in this matter to add Steven Barrenechea, in his individual capacity,
as a respondent in this action. On August 26, 2005, the named respondent, Mama
Bears, LLC, filed an objection to the motion. Although the commission filed a
certification of service by certified mail, it has provided no information on
the status of that certified mailing or whether Barrenechea actually personally
received the motion and proposed amendment. As a matter of due process,
Barrenechea is entitled to notice and the opportunity to be heard. The
commission's motion is denied without prejudice. The commission may file and
serve supplemental information on the status of its certified mail and reclaim
its motion to amend.
Hon. Jon P. FitzGerald
Presiding Human Rights Referee
Mr. Keith Davis
John A. Tieman, Esq.
Alix Simonetti, Esq.