Anenson et al v. Vacaville Unified School District et al

Filing 14

ORDER signed by Senior Judge Morrison C. England, Jr on 9/8/2020 GRANTING 10 Motion for Extension of Time, GRANTING defendant Vacaville USD until 9/11/2020 to respond to the 1 Complaint. (Coll, A)

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Case 2:20-cv-00901-MCE-DB Document 14 Filed 09/08/20 Page 1 of 4 1 2 3 4 5 6 7 8 LOUIS A. LEONE, ESQ. (SBN: 099874) KATHERINE A. ALBERTS, ESQ. (SBN: 212825) LEONE & ALBERTS A Professional Corporation 1390 Willow Pass Road, Suite 700 Concord, CA 94520 Telephone: (925) 974-8600 Facsimile: (925) 974-8601 E-Mail: lleone@leonealberts.com kalberts@leonealberts.com Attorneys for Defendant VACAVILLE UNIFIED SCHOOL DISTRICT 9 THE UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 RYAN ANENSON; SARAH ANENSON; and CHRISTIAN ANENSON, 13 Plaintiffs, 14 vs. 15 16 17 18 19 VACAVILLE UNIFIED SCHOOL DISTRICT; DIXON UNIFIED SCHOOL DISTRICT; SOLANO COUNTY SPECIAL EDUCATION LOCAL PLAN AREA; SOLANO COUNTY OFFICE OF EDUCATION; and DOES 1-25, inclusive, sued individually and in their respective official capacities, Case No.: 2:20-CV-00901 DEFENDANT VACAVILLE UNIFIED SCHOOL DISTRICT’S APPLICATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT; DECLARATION OF KATHERINE A. ALBERTS; ORDER Date: September 4, 2020 Hon. Morrison England Jr. 20 Defendants. 21 22 23 Pursuant to Local Rule 144 of this Court, and for good cause shown herein, 24 Defendant VACAVILLE UNIFIED SCHOOL DISTRICT seeks a seven day (one week) 25 extension of time to respond to Plaintiffs’ Complaint. This extension is necessitated by the 26 fact that VACAVILLE USD’s undersigned counsel has been ill since Saturday, August 29, 27 202 and unable to work. VACAVILLE USD asked PLAINTIFFS to stipulate to an 28 1 DEFENDANT VACAVILLE UNIFIED SCHOOL DISTRICT’S APPLICATION FOR EXTENSION OF TIME; ORDER Case No. 2:20-CV-00902 Case 2:20-cv-00901-MCE-DB Document 14 Filed 09/08/20 Page 2 of 4 1 extension, but PLAINTIFFS refused to do so. Therefore, VACAVILLE USD has no choice 2 but to file this application for an extension. 3 Currently, VACAVILLE USD’s response to the Complaint is due on September 4, 4 2020. This deadline was set by the Court’s August 11, 2020 Order following the parties’ 5 Stipulation. 6 On Saturday, August 29, 2020, the undersigned counsel for VACAVILLE USD, Ms. 7 Alberts, was taken by ambulance to John Muir Hospital with chest/stomach pains. After 8 being discharged on Sunday, August 30, 2020, Ms. Alberts has continued to experience pain 9 and stomach issues that have required her to take medication that makes her drowsy and at 10 times, fuzzy headed. Due to both the pain and effects of the medication, Ms. Alberts has 11 been unable to work since Sunday, August 30. 12 When in the evening of Wednesday, September 2, 2020, it became apparent that Ms. 13 Alberts was not going to recover in sufficient time to complete the District’s motion to 14 dismiss by the September 4, 2020 deadline, Ms. Alberts sought a stipulated extension from 15 Plaintiffs. Prior to this time, Ms. Alberts still thought it possible for her to recover 16 sufficiently to complete the Motion to Dismiss. But after spending Wednesday on 17 medication sleeping, it became apparent that belief was incorrect. In the evening of 18 Thursday, September 3, 2020, Plaintiffs’ counsel informed Ms. Alberts that Plaintiffs would 19 not stipulate to the extension. 20 Therefore, VACAVILLE USD seeks an extension from the Court, because due to its 21 counsel’s illness, without such an extension, it will be unable to timely file a responsive 22 pleading. Ms. Alberts is the sole attorney in her office assigned to this case, and therefore, 23 the only one familiar with the Complaint and capable of completing the District’s Motion. 24 VACAVILLE USED seeks a one week extension, to September 11, 2020, or to such other 25 date as the Court finds appropriate, to allow Ms. Alberts sufficient time to complete her 26 recovery and complete VACAVILLE USD’s Motion to Dismiss. 27 28 2 DEFENDANT VACAVILLE UNIFIED SCHOOL DISTRICT’S APPLICATION FOR EXTENSION OF TIME; ORDER Case No. 2:20-CV-00902 Case 2:20-cv-00901-MCE-DB Document 14 Filed 09/08/20 Page 3 of 4 1 Good cause shown herein, VACAVILLE USD respectfully requests that the Court 2 grant this application and extend the time for it to respond to Plaintiffs’ Complaint to 3 September 11, 2020 or to such other date as the Court finds appropriate. 4 Dated: September 3, 2020 5 LEONE & ALBERTS /s/ Katherine A. Alberts KATHERINE A. ALBERTS Attorney for Defendant VACAVILLE UNIFIED SCHOOL DISTRICT 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DECLARATION OF KATHERINE A. ALBERTS I, KATHERINE A. ALBERTS, declare as follows: 1. I am an attorney duly licensed to practice law before the Court and all courts in the State of California and am a partner in the law offices of Leone & Alberts, attorneys of record for defendant VACAVILLE UNIFIED SCHOOL DISTRICT in the above-referenced matter. The matters stated herein are of my own personal knowledge, and, if called as a witness, I could competently testify to the matters stated herein. 2. On Saturday, August 29, 2020, I was taken by ambulance to John Muir Hospital with chest/stomach pains. After being discharged on Sunday, August 30, 2020, I have continued to experience pain and stomach issues that have required me to take medication that makes me drowsy and at times, fuzzy headed. Due to both the pain and effects of the medication, I have been unable to work since Sunday, August 30. 3. I had started to feel better on Tuesday, September 1, 2020, and thought I would be able to return to work the following day. However, the pain returned on that next day, Wednesday, September 2, 2020, and I spent most of the day sleeping due to medication. Therefore, that evening I had to admit that I would not be able to complete VACAVILLE 25 USD’s motion to dismiss and needed an extension. Therefore, I wrote an email to 26 PLAINTIFFS’ counsel, Mr. Greenbaum, that evening requesting a stipulated extension. I 27 spoke to PLAINTIFFS’ counsel today, Thursday, September 3, 2020 around noon, when I 28 3 DEFENDANT VACAVILLE UNIFIED SCHOOL DISTRICT’S APPLICATION FOR EXTENSION OF TIME; ORDER Case No. 2:20-CV-00902 Case 2:20-cv-00901-MCE-DB Document 14 Filed 09/08/20 Page 4 of 4 1 returned home from a doctor’s appointment. Mr. Greenbaum stated he was inclined to 2 stipulate to the extension but had to speak to his clients. I next spoke to Mr. Greenbaum 3 around 6:00 p.m., and he informed me PLAINTIFFS would not stipulate to an extension. I 4 then informed him that I would be filing this Application later this same evening. 5 4. I am the sole attorney in my firm assigned to this case, and therefore, the only 6 one familiar with the Complaint and capable of completing the District’s Motion. Without 7 this extension, I will not be able to file a timely responsive pleading on behalf of my client, 8 VACAVILLE USED. The one week extension sought in this application will give me 9 sufficient time to recover and complete VACAVILLE USD’s Motion as my doctor 10 prescribed new medication today that should alleviate the pain and other issues in a couple of 11 days. 12 I declare under penalty of perjury under the laws of the United States and the State of 13 California that the foregoing is true and correct and that this declaration was executed this 14 3rd day of September 2020 in Danville, California. 15 16 /s/ Katherine A. Alberts KATHERINE A. ALBERTS 17 ORDER 18 19 Having reviewed the above Application for an Extension of Time to Respond to the 20 Complaint, and good cause having been shown, the Court hereby grants this Application and 21 orders that Defendant VACAVILLE USD shall have until September 11, 2020 to respond to 22 the Complaint in the above captioned matter. 23 24 IT IS SO ORDERED. Dated: September 8, 2020 25 26 27 28 4 DEFENDANT VACAVILLE UNIFIED SCHOOL DISTRICT’S APPLICATION FOR EXTENSION OF TIME; ORDER Case No. 2:20-CV-00902

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