UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA 

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JULIE FERRO,

 Plaintiff,

 v.

DOCTORS HEALTHCARE PLANS, INC., and 

RAFAEL PEREZ, in his individual and professional 

capacities,

 Defendants.

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Civil Action No.: 20-cv-23449 

(BB)(LFL)

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PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO AMEND 

TO FILE A SECOND AMENDED COMPLAINT TO INCLUDE RELATED CLAIMS 

Pursuant to Federal Rules of Civil Procedure 15 and 16, and Local Rule 15.1., Plaintiff 

Julie Ferro hereby moves for leave to file a Second Amended Complaint. A copy of the redlined 

Proposed Second Amended Complaint is attached as Exhibit A. Defendants do not oppose 

Plaintiff’s proposed amendment. In support of the motion, Plaintiff states as follows:

1. At the time of the filing this action, Plaintiff noted that she would be filing a 

Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”) and 

the Florida Commission on Human Rights (“FCHR”), and after she exhausted her administrative 

remedies, she would seek to amend her Complaint to include claims under the Americans with 

Disabilities Act (“ADA”), Title VII of the Civil Right Act of 1964 (“Title VII”) and the Florida 

Civil Rights Act (“FCRA”). Dkt. No. 1 at ¶¶ 21-24. 

2. On March 1, 2021, the EEOC issued a Notice of Right to Sue, and by that date, 

more than 180 days had passed without there being a determination by the FCHR on whether 

reasonable cause exist. 

Case 1:20-cv-23449-BB Document 22 Entered on FLSD Docket 04/14/2021 Page 1 of 3
3. Following receipt of the Notice of Right to Sue, Plaintiff conferred back and forth 

with Defendants’ counsel about Defendants’ position on the amendment, which Defendants 

initially opposed. 

4. However, the parties were able to work out an agreement on the scope of the 

amendment and Defendants agreed not to oppose the motion. 

5. As reflected in the redlined Proposed Second Amended Complaint, Plaintiff’s 

claims under the ADA, Title VII and the FCRA arise from the same set of facts as Plaintiff’s 

existing FMLA claims. 

6. While the Order Setting Trial and Pre-Trial Schedule set January 11, 2021 for the 

deadline for motions to amend, good cause exists to extend this deadline because Plaintiff did not 

exhaust her administrative remedies until after this deadline. 

7. The addition of the ADA, Title VII and FCRA claims are unlikely to delay 

discovery in this matter as the parties are still in the process of exchanging written discovery and 

the fact discovery deadline is August 10, 2021. 

8. In addition, requiring Plaintiff to file a separate action for these claims would be 

duplicative and a waste of resources. 

9. For the foregoing reasons, Plaintiff respectfully requests that the Court grant leave 

to file the Proposed Second Amended Complaint. 

Dated: April 14, 2021 MORGAN & MORGAN, P.A.

Plantation, Florida

By: _____________________________

Bryan Arbeit, Bar No. 1010329

8151 Peters Rd, 4th Fl.

Plantation, FL 33324

Tel: (954) 694-9610

barbeit@forthepeople.com

Attorneys for Plaintiff 

Case 1:20-cv-23449-BB Document 22 Entered on FLSD Docket 04/14/2021 Page 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served by 

ECF on April 13, 2021 on all counsel or parties of record on the Service List Below.

_____________________________

Bryan Arbeit, Bar No. 1010329

SERVICE LIST

Eric S. Boos, Esq.

eboos@shb.com

Daniel B. Rodgers, Esq.

drogers@shb.com

SHOOK, HARDY & BACON LLP 

201 S. Biscayne Blvd, Suite 3200

Miami, FL. 33131

(305) 358-5171

Case 1:20-cv-23449-BB Document 22 Entered on FLSD Docket 04/14/2021 Page 3 of 3