The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:24-CV-678-BO-KS
J.H., by and through his parent and guardian,)
Tessiah Smithen, )
Plaintiff, )
)
V. ) ORDER
)
WAKE COUNTY BOARD OF )
EDUCATION, ef al., )
Defendants. )
This cause comes before the Court on three motions to dismiss filed by defendants and
plaintiff's motion for leave to amend the complaint. [DE 39]; [DE 44]; [DE 54]; [DE 69]. A hearing
on the motions was held before the undersigned on August 14, 2025, at Raleigh, North Carolina.
The Court has considered the arguments of the parties and, in light of the liberal standard
for granting leave to amend, see Laber v. Harvey, 438 F.3d 404, 426 (4th Cir. 2006), the Court
will permit plaintiff the opportunity to file an amended complaint. Plaintiff may include factual
allegations raised at the hearing which may not have been included in the proposed amended
complaint as filed. The Court determines that granting such relief promotes the strong preference
in this circuit that cases be decided on their merits. /d.
Accordingly, plaintiff's motion for leave to amend [DE 69] is GRANTED. An amended
complaint must be filed within fourteen (14) days of the date of entry of this order. Defendants’
motions to disiriss. the original complaint [DE 39]; [DE 44]; [DE 54] are therefcre DENIED
without prejudice.
This action is further REFERRED to United States Magistrate Judge Robert B. Jones, Jr.
to conduct a settlement conference following the filing of the amended complaint. All deadlines
are hereby STAYED pending the conclusion of the settlement conference. Should the parties not
reach a settlement, answers or other responses to the amended complaint shall be filed within
twenty-one (21) days of the conclusion of the settlement conference. Plaintiff's motion for
reasonable accommodation at the August 14, 2025, hearing [DE 73] is DENIED as MOOT.
SO ORDERED, this [F say of August 2025.
Le W. BOYLE
UNITED STATES DISTRICT JUDGE