Opinion
Civil Action No. 12-CV-00238-MSK-DLW
09-27-2012
DEBRA A. HART, Plaintiff, v. DILLON COMPANIES, INC., a Kansas Corporation, d/b/a CITY MARKET, Defendant.
Magistrate Judge David L. West
ORDER RE: DEFENDANT DILLON COMPANIES, INC., d/b/a
CITY MARKET'S MOTION TO AMEND ANSWER [DOC. #22]
ORDER ENTERED BY MAGISTRATE JUDGE DAVID L. WEST
The Defendant, Dillon Companies, Inc., Motion to Amend Answer [Doc. #22] was referred to the Magistrate Judge on June 11, 2012 by Judge Martha S. Krieger.
Defendant, Dillon Companies, Inc., filed the Motion to Amend its Answer to add a defense of after acquired evidence based on misconduct uncovered during discovery. That alleged misconduct is the Plaintiff's taping a conversation with Labor Relations Manager of Defendant, Deborah Ross. That conversation discussed Plaintiff's appeal of the decision to terminate her employment.
The Court finds that McKennon v. Nashville Banner Pub. Co., 512 U.S. 339 applies and this Court finds that Plaintiff is suing Defendant over its handling of the post-termination appeals procedure and that the allegation of post-termination misconduct could be applicable in this case, therefore:
IT IS HEREBY ORDERED that the Defendant's Motion to Amend Answer [Doc. #22] is GRANTED.
BY THE COURT:
David L. West
United States Magistrate Judge