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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 STEVEN WILBER and STEVEN WILBER, Guardian Ad Litem for Noah Lane Prine-Wilber, 13 14 15 16 17 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. 18 This action was removed from Merced County Superior Court on May 20, 2024. (Doc. 19 1.) On May 24, 2024, the parties filed a notice indicating their agreement to file a stipulation to 20 remand this matter to Merced County Superior Court as Plaintiffs will; dismiss the Sixth Cause of 21 Action for Disability Discrimination and to drop the claim for attorneys’ fees. (Doc. 4.) The 22 parties indicates that they will prepare and file a formal stipulation within 10 days of the instant 23 order. The parties therefore request that Defendants deadline to respond to the Second Amended 24 Complaint be extended until the stipulation to remand is order, at which time the parties have 25 agreed that Defendants will have 21 days from when the Superior Court accepts the remand to 26 respond to the Second Amended Complaint in state court. Alternatively, if remand is denied, the 27 parties request that Defendants have 10 days to file any responsive pleading to the Second 28 Amended Complaint. (Id.) 1 1 Having considered the parties’ notice and agreement, and good cause appearing, the 2 requested extension of time for Defendants to file a responsive pleading while the formal 3 stipulation to remand is prepared and filed in the next 10 days is GRANTED. The parties have 4 agreed that if the matter is remanded, then Defendants shall have 21 days from when the Superior 5 Court accepts remand of the action to file a responsive pleading to the Second Amended 6 Complaint. Alternatively, if remand is denied, then Defendants shall have 10 days to file any 7 responsive pleading in this court. 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara June 4, 2024 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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