Where a woman asserting claims for discrimination, harassment and retaliation moved to supplement her complaint to include events that happened after the date of the operative pleading, her motion was granted.
Background
Nancy Crockett alleges that she was subject to sex discrimination and sexual harassment while working for the Virginia Department of Corrections and that she faced retaliation when she complained of the alleged mistreatment. Plaintiff has moved for leave to file a fourth amended complaint. Plaintiff seeks to supplement her operative complaint to add allegations that she filed a second charge of discrimination with the Equal Employment Opportunity Commission, or EEOC, and received a corresponding notice of right to sue in May 2026.
Analysis
“On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented.” Plaintiff seeks leave to file a “Fourth Amended Complaint” under Rule 15(a), which provides “that leave be freely given when justice so requires.”
Plaintiff seeks to add facts that occurred in June 2026, after she filed her operative third amended complaint in May 2025. Accordingly, Rule 15(d), not Rule 15(a), applies. Even though plaintiff initially framed her motion as one to “amend,” I may properly construe it as a motion to supplement the third amended complaint under Rule 15(d).
“The Fourth...
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