298 F. Supp. 3d 87
D.C. Cir.2018Background
- Ariana Palacios, a transgender woman, alleges MedStar Georgetown's Plastic Surgery Dept. refused to schedule her gender-affirming breast augmentation in May 2015 and failed to follow up after requests for an appointment.
- Palacios filed administrative charges: with the D.C. Office of Human Rights (OHR) on Aug. 26, 2015 (re: plastic surgery refusal) and with HHS Office for Civil Rights (OCR) in Oct. 2015 (later amended to include a Nov. 2015 interaction).
- In Nov. 2015 Palacios met with Dr. Shaum Sridharen (an otolaryngologist) seeking a recording for voice feminization surgery; she alleges he refused to provide the recording.
- Palacios sued MedStar in May 2017 asserting discrimination under (1) Section 1557 of the Affordable Care Act (federal claim) and (2) the D.C. Human Rights Act (DCHRA). The original complaint did not mention the Sridharen interaction.
- After unsuccessful mediation, Palacios moved in Nov. 2017 to amend her complaint to add allegations and claims related to the Sridharen incident. MedStar opposed on grounds of statute of limitations and undue delay/bad faith.
- The court granted leave to amend the Section 1557 claim (federal) but denied leave to amend the DCHRA claim as futile because the D.C. one-year limitations period was not tolled for the Sridharen incident.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicable statute of limitations for Section 1557 claim | 3-year D.C. personal-injury period applies | 1-year DCHRA period applies | Section 1557 governed by federal 4-year catchall (28 U.S.C. §1658); claim timely |
| Whether amendment adding Section 1557 claims is futile (timeliness) | Amended claims relate back or are timely under appropriate limitations | Amendment barred by limitations; futile | Amendment not futile; leave to amend Section 1557 claim granted |
| Whether plaintiff unduly delayed or acted in bad faith in seeking amendment | Counsel learned of Sridharen facts in Aug. 2017 and moved promptly after mediation failed | Delay (6 months) shows dilatory motive or bad faith; deny amendment | No undue delay or bad faith shown; six-month delay and mediation justify timing; leave granted for Section 1557 claim |
| Whether DCHRA claim re: Sridharen is timely/tolled | Tolling applies due to administrative filings (OHR and/or OCR) | DCHRA has 1-year limit; OHR filing did not include Sridharen; OCR filing does not toll DCHRA | Amendment to add Sridharen to DCHRA claim is futile and denied because the one-year D.C. limitations period was not tolled |
Key Cases Cited
- Foman v. Davis, 371 U.S. 178 (leave to amend should be freely given under Rule 15)
- Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (federal catchall statute of limitations applies to post-1990 Acts of Congress)
- James Madison Ltd. by Hecht v. Ludwig, 82 F.3d 1085 (D.C. Cir.) (futility as ground to deny amendment)
- Williamsburg Wax Museum, Inc. v. Historic Figures, Inc., 810 F.2d 243 (denial of amendment where plaintiff sought leave after extensive discovery and adverse summary judgment)
- King-White v. Humble Independent School Dist., 803 F.3d 754 (Title IX statute-of-limitations analysis)