M.S. et al v. Weed Union Elementary School District et al

Filing 12

STIPULATION and ORDER signed by Judge John A. Mendez on 7/23/13: Defendants' time to respond to the complaint herein is extended to August 28, 2013. (Kaminski, H)

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WILLIAM D. AYRES, SBN 098901
AYRES LAW OFFICE
1330 West Street, Suite C
Redding, CA 96001
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorney for Defendants WEED UNION ELEMENTARY SCHOOL DISTRICT,
LEEANNA RIZZO, AND ALISSA CUMMINGS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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M. S., ET AL.,

Case No. 2:13-CV-01211-JAM-DAD
Plaintiffs,

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STIPULATION AND ORDER
EXTENDING TIME TO APPEAR
[Local Rule 144 (a)]

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vs.

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WEED UNION ELEMENTRY SCHOOL

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DISTRICT, ET AL.,

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Defendants

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/

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WHEREAS,

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defendants

WEED

UNION

ELEMENTARY

SCHOOL

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DISTRICT and LEEANNA RIZZO, were each served with the Summons and Complaint

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herein on June 20, 2013, and ALISA CUMMINGS was not served until July 11, 2013 via

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acceptance of service by her counsel.

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WHEREAS, defendants COUNTY OF SISKIYOU and DEPUTY SHERIFF

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CARL HOUTMAN, were each served with the Summons and Complaint herein on June 20,

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2013;
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M.S., et al, v. Weed, et al: STIPULATION AND ORDER EXTENDING TIME TO APPEAR

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WHEREAS, pursuant to Federal Rules of Civil Procedure, Rule 12(a), the

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original time to respond to the complaint for defendants WEED UNION ELEMENTARY

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SCHOOL DISTRICT, LEEANNA RIZZO, the COUNTY OF SISKIYOU and DEPUTY

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SHERIFF CARL HOUTMAN would expire on July 11, 2013 and the time to respond to the

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complaint for defendant ALISSA CUMMINGS is August 1, 2013;

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WHEREAS, before defendant ALISA CUMMINGS was served the parties

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agreed to extend the time to respond to the complaint from July 11, 2013 to August 8, 2013 by

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stipulation and said stipulation was filed on July 1, 2013;

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WHEREAS, after defendant ALISA CUMMINGS was served, the parties held

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a joint meet and confer conference on July 18, 2013, pursuant to Federal Rules of Civil

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Procedure, Rule 26.

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WHEREAS, during the meet and confer conference between the parties on July

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18, 2013, the parties discussed the resolution of pleading issues; exchanged case citations

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relevant to the pleading issues discussed; discussed exchanging documentation and processes

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to expedite discovery of educational records and law enforcement records; discussed Initial

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Disclosures; and during that meet and confer conference the parties agreed there was good

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cause for a further extension of time to respond to the complaint.

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NOW THEREFORE IT IS STIPULATED between plaintiffs and defendants WEED

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UNION ELEMENTARY SCHOOL DISTRICT, LEEANNA RIZZO, ALISA CUMMINGS,

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the COUNTY OF SISKIYOU and DEPUTY SHERIFF CARL HOUTMAN that said

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defendants’ time to respond to the complaint herein is extended to August 28, 2013 pursuant to

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Local Rule 144(a).

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Dated: July 18, 2013

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AYRES LAW OFFICE
By: /s/ Willaim D. Ayres
William D. Ayres
Attorneys for Defendants
Weed Union Elementary School District,
Leeanna Rizzo, and Alisa Cummings

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Dated: July 18, 2013

BLACK, CHAPMAN, WEBBER & STEVENS
By: /s/ Thomas N. Peterson
Thomas N. Peterson
Attorneys for Plaintiffs
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M.S., et al, v. Weed, et al: STIPULATION AND ORDER EXTENDING TIME TO APPEAR

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Dated: July 18, 2013

PRICE & BROWN

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By: /s/ Philip B. Price
Philip B. Price
Attorneys for Defendants
County of Siskiyou, Deputy Sheriff Carl
Houtman

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DECLARATION OF WILLIAM D. AYRES

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I, William D. Ayres, declare that I am the attorney hired to represent defendants WEED

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UNION ELEMENTARY SCHOOL, LEEANNA RIZZO, and ALISA CUMMINGS. The

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recitals above set forth the only time modifications previously requested or obtained in this

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case. I do not believe the time modifications requested by this stipulation will significantly

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modify or alter the schedule for this case. The parties have already undertaken a meaningful

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meet and confer process and I believe the parties will continue in that spirit of mutual

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cooperation and professional courtesy.

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I have obtained the concurrence of Thomas N. Peterson and Phillip B. Price in filing
this stipulation and declaration.

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I declare, under penalty of perjury under the laws of the State of California, that the

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matters stated herein are true and correct and this declaration was executed on July 18, 2013 at

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Redding, California.
/s/ William D. Ayres
_________________________
William D. Ayres

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ORDER

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GOOD CAUSE APPEARING, it is hereby ordered that the Defendants’ time to
respond to the complaint herein is extended to August 28, 2013.

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Dated: 7/23/2013

/s/ John A. Mendez__________________
Honorable John A. Mendez
United States District Court Judge

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M.S., et al, v. Weed, et al: STIPULATION AND ORDER EXTENDING TIME TO APPEAR