Opinion

Milbry v. JP Morgan Chase Bank NA

Court
District Court, S.D. Ohio
Filed
Aug 11, 2025
Cited by
0 cases
Authority
More cited than 38.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

MICHALENE MILBRY, :

:

Plaintiff, : Case No. 1:24-cv-547

:

vs. : Judge Jeffery P. Hopkins

:

JP MORGAN CHASE BANK,

:

:

Defendant.

:

OPINION & ORDER

Plaintiff Michalene Milbry (“Plaintiff” or “Milbry”), a former employee of Defendant

JP Morgan Chase Bank (“Defendant” or “JP Morgan”), advances two claims for relief in the

present lawsuit: sexual discrimination and retaliation. Compl., Doc. 3. JP Morgan seeks

partial judgment on the pleadings as to Milbry’s sexual discrimination claim arguing her claim

is time-barred. Doc. 9. In response, Milbry seeks leave to amend her complaint. Doc. 12. For

the reasons below, Milbry’s Motion for Leave to File an Amended Complaint (Doc. 12) is

GRANTED. JP Morgan’s Motion for Partial Judgment on the Pleadings (Doc. 9) is

DENIED AS MOOT.

I. BACKGROUND

Milbry’s tenure with JP Morgan began in December 2016 when she was hired as an

Assistant Branch Manager at JP Morgan’s 8044 Montgomery Road, Cincinnati, Ohio

location. Compl., Doc. 3, ¶ 6. It would seem based on the allegations in her Complaint that

Milbry’s experience at JP Morgan was positive until another employee, Erik Paul Hoffman,

started harassing Milbry in September 2021. Hoffman began making suggestive comments,

complimenting Milbry’s appearance, sending sexually suggestive texts, and offering Milbry

unsolicited drawings of her in various poses and outfits, including lingerie. Id. ¶¶ 7, 8.

Though Hoffman’s offensive conduct continued through the remainder of Milbry’s

employment, id. ¶ 7, Milbry first reported the harassment to her branch manager around

January or February 2022. Id. ¶ 9. She was told to ignore the harassment. Id. When no action

was taken, Milbry escalated her complaints to the district manager on or about May 3, 2022.

Id. ¶ 10. And then, two days later, Milbry had a frightening encounter with Hoffman, where

he entered her office, slammed the door, called her a “bitch,” and blocked her only exit. Id. ¶

11. Milbry advised management of the incident and left work early. Id. She remained off work

May 6 through May 9. Id. JP Morgan moved Milbry to a different branch location on May

10, and then placed her on administrative leave on May 11. Id. ¶¶ 12, 13. Milbry did not return

to work after that and was officially advised of her termination on June 22, 2022. Id. ¶ 14.

On May 7, 2024, Milbry filed a charge of discrimination with the Ohio civil rights

commission and received her notice of right to sue on August 19, 2024. Id. ¶¶ 15, 16. Milbry

filed her Complaint with the Hamilton County Court of Common Pleas on August 20, 2024.

Doc. 1-2, PageID 9. JP Morgan subsequently removed the case to this Court. JP Morgan now

seeks partial judgment on the pleadings, see Doc. 9, on the basis that Milbry failed to exhaust

her administrative remedies and because her claim is time barred. Doc. 9. Milbry opposes

that motion and seeks to amend her complaint. Doc. 12. Both motions are ripe for review.

II. LAW & ANALYSIS

The Court will turn first to Milbry’s request to amend her complaint. Milbry requests

leave to amend her complaint to clarify when Hoffman engaged in harassing behavior in

response to JP Morgan’s assertion that her claim is time-barred.

A. Good cause exists under Rule 16(b).

Because the deadline to amend has passed, the Court must first consider whether

Milbry has established good cause under Rule 16(b) to modify the case schedule. Fed. R. Civ.

P. 16(b)(4) (“A schedule may be modified only for good cause and with the judge’s consent”).

See Leary v. Daeschner, 349 F.3d 888, 909 (6th Cir. 2003). In doing so, the Court should assess

“the moving party’s diligence in attempting to meet the [case schedule]” as well as “possible

prejudice to the party opposing the modification.” Inge v. Rock Fin. Corp., 281 F.3d 613, 625

(6th Cir. 2002) (citations omitted). Though she has sought leave to amend the complaint

beyond the deadline prescribed in the Scheduling Order, see Doc. 8, good cause exists to

amend the case schedule. Milbry represents that she seeks leave to amend “[t]o eliminate any

possible misunderstanding as to the dates of the last incidents of harassment.” Doc. 12,

PageID 63. This is in direct response to the arguments made in JP Morgan’s Motion for

Partial Judgment on the Pleadings—a motion that was filed after the deadline to amend had

passed. Further, based on the circumstances, any prejudice to JP Morgan would be minimal

because Milbry only seeks to bolster the factual allegations relative to her existing sexual

harassment claim and at the time she filed her motion, the parties were in the early stages of

discovery. Having found good cause exists, the Court will turn to whether leave is appropriate

under Rule 15(a).

B. Amendment is proper under Rule 15(a)(2).

Rule 15(a)(2) embodies “a liberal amendment policy.” Brown v. Chapman, 814 F.3d

436, 442 (6th Cir. 2016) (quoting Morse v. McWhorter, 290 F.3d 795, 800 (6th Cir. 2002)). A

party, like Milbry, may generally amend her pleading once as a matter of course. But in all

other cases, she may amend only with JP Morgan’s consent or the Court’s leave. Fed. R. Civ.

P. 15(a). Rule 15(a)(2) provides that leave to amend should be freely given “when justice so

requires,” but it is within this Court’s discretion to deny leave to amend where there is

evidence of undue delay, bad faith, or dilatory motive, repeated failure to cure deficiencies,

undue prejudice, or futility. Foman v. Davis, 371 U.S. 178, 182 (1962).

Despite assertions to the contrary, there is no evidence of undue delay, bad faith, or

undue prejudice, nor any evidence of repeated failures to cure deficiencies or futility. As

indicated above, Milbry seeks to clarify the dates of Hoffman’s harassment in order to bolster

her existing allegation that “Hoffman’s offensive sexual conduct toward [her] continued

through the remainder of [her] employment with [JP Morgan].” Compl., Doc. 3, ¶ 7. This

seems reasonable given that the crux of JP Morgan’s argument for judgment on the pleadings

is that Milbry filed her charge with the Ohio civil rights commission two days late. Doc. 9,

PageID 44. Milbry does not seek to add claims or parties, nor does she wish to substantially

modify the factual allegations. Instead, she asks to make this addition:

While Plaintiff was on administrative leave and prior to being advised of her

termination, Hoffman continued to harass Plaintiff via text messages, with the

last harassing text messages being sent to Plaintiff on May 18, 2022.

Proposed Am. Compl., Doc. 12-1, ¶ 15.1 Though this could be viewed as an additional

instance of harassment, Milbry has alleged several instances of harassment and this would

only add to her previous allegation that the harassment continued throughout her

employment. This does not support a finding of undue delay, bad faith, or dilatory motive.

Further, as stated above, there is minimal, if any, prejudice. Prejudice may, for

example, result if the amendment would require JP Morgan “to expend significant additional

1 The only other modification that the Court has identified is a change to the jurisdictional statement, which

is immaterial to this dispute and only seeks to clarify that the case has been removed to this Court. See

Proposed Am. Compl., Doc. 12-1, ¶ 5.

resources to conduct discovery” or would “significantly delay resolution of the dispute.”

Phelps v. McClellan, 30 F.3d 658, 662-63 (6th Cir. 1994). Because the proposed amendment is

closely tied to the existing allegations and would not unfairly or fundamentally alter the nature

of this case, and because this case remains in its early stages, there is no identifiable prejudice.

And lastly, there is no allegation that Milbry has failed to cure deficiencies nor that

amendment would be futile. Thus, amendment is proper under Rule 15(a)(2).

I. CONCLUSION

For these reasons, Milbry’s Motion for Leave to File an Amended Complaint (Doc.

12) is GRANTED. Because the Proposed Amended Complaint will supersede the original

Complaint, JP Morgan’s Motion for Partial Judgment on the Pleadings (Doc. 9) is DENIED

AS MOOT. Green v. Mason, 504 F. Supp. 3d 813, 826 (S.D. Ohio 2020). Milbry is

DIRECTED to file her Amended Complaint (Doc. 12-1) within 7 days of this Order.

IT IS SO ORDERED.

August 11, 2025 Cfaapeg Khylosn—

effety Hopkins

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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