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 

v.

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

C:
Mr. Keith Davis
John A. Tieman, Esq.
Alix Simonetti, Esq.