Wilber et al v. Delhi Unified School District et al

Filing 5

ORDER GRANTING Extension of Time to File Responsive Pleading, signed by Magistrate Judge Barbara A. McAuliffe on 6/4/2024. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN WILBER and STEVEN
WILBER, Guardian Ad Litem for Noah
Lane Prine-Wilber,

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Case No. 1:24-cv-00600-BAM
ORDER GRANTING EXTENSION OF
TIME TO FILE RESPONSIVE PLEADING

Plaintiffs,
(Doc. 4)
v.
DELHI UNIFIED SCHOOL DISTRICT, et
al.,
Defendants.

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This action was removed from Merced County Superior Court on May 20, 2024. (Doc.

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1.) On May 24, 2024, the parties filed a notice indicating their agreement to file a stipulation to

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remand this matter to Merced County Superior Court as Plaintiffs will; dismiss the Sixth Cause of

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Action for Disability Discrimination and to drop the claim for attorneys’ fees. (Doc. 4.) The

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parties indicates that they will prepare and file a formal stipulation within 10 days of the instant

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order. The parties therefore request that Defendants deadline to respond to the Second Amended

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Complaint be extended until the stipulation to remand is order, at which time the parties have

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agreed that Defendants will have 21 days from when the Superior Court accepts the remand to

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respond to the Second Amended Complaint in state court. Alternatively, if remand is denied, the

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parties request that Defendants have 10 days to file any responsive pleading to the Second

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Amended Complaint. (Id.)
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Having considered the parties’ notice and agreement, and good cause appearing, the

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requested extension of time for Defendants to file a responsive pleading while the formal

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stipulation to remand is prepared and filed in the next 10 days is GRANTED. The parties have

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agreed that if the matter is remanded, then Defendants shall have 21 days from when the Superior

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Court accepts remand of the action to file a responsive pleading to the Second Amended

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Complaint. Alternatively, if remand is denied, then Defendants shall have 10 days to file any

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responsive pleading in this court.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 4, 2024

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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