Anenson et al v. Vacaville Unified School District et al
Filing
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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)
Case 2:20-cv-00901-MCE-DB Document 14 Filed 09/08/20 Page 1 of 4
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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
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THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RYAN ANENSON; SARAH
ANENSON; and CHRISTIAN
ANENSON,
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Plaintiffs,
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vs.
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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.
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Defendants.
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Pursuant to Local Rule 144 of this Court, and for good cause shown herein,
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Defendant VACAVILLE UNIFIED SCHOOL DISTRICT seeks a seven day (one week)
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extension of time to respond to Plaintiffs’ Complaint. This extension is necessitated by the
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fact that VACAVILLE USD’s undersigned counsel has been ill since Saturday, August 29,
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202 and unable to work. VACAVILLE USD asked PLAINTIFFS to stipulate to an
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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
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extension, but PLAINTIFFS refused to do so. Therefore, VACAVILLE USD has no choice
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but to file this application for an extension.
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Currently, VACAVILLE USD’s response to the Complaint is due on September 4,
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2020. This deadline was set by the Court’s August 11, 2020 Order following the parties’
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Stipulation.
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On Saturday, August 29, 2020, the undersigned counsel for VACAVILLE USD, Ms.
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Alberts, was taken by ambulance to John Muir Hospital with chest/stomach pains. After
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being discharged on Sunday, August 30, 2020, Ms. Alberts has continued to experience pain
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and stomach issues that have required her to take medication that makes her drowsy and at
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times, fuzzy headed. Due to both the pain and effects of the medication, Ms. Alberts has
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been unable to work since Sunday, August 30.
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When in the evening of Wednesday, September 2, 2020, it became apparent that Ms.
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Alberts was not going to recover in sufficient time to complete the District’s motion to
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dismiss by the September 4, 2020 deadline, Ms. Alberts sought a stipulated extension from
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Plaintiffs. Prior to this time, Ms. Alberts still thought it possible for her to recover
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sufficiently to complete the Motion to Dismiss. But after spending Wednesday on
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medication sleeping, it became apparent that belief was incorrect. In the evening of
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Thursday, September 3, 2020, Plaintiffs’ counsel informed Ms. Alberts that Plaintiffs would
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not stipulate to the extension.
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Therefore, VACAVILLE USD seeks an extension from the Court, because due to its
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counsel’s illness, without such an extension, it will be unable to timely file a responsive
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pleading. Ms. Alberts is the sole attorney in her office assigned to this case, and therefore,
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the only one familiar with the Complaint and capable of completing the District’s Motion.
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VACAVILLE USED seeks a one week extension, to September 11, 2020, or to such other
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date as the Court finds appropriate, to allow Ms. Alberts sufficient time to complete her
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recovery and complete VACAVILLE USD’s Motion to Dismiss.
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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
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Good cause shown herein, VACAVILLE USD respectfully requests that the Court
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grant this application and extend the time for it to respond to Plaintiffs’ Complaint to
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September 11, 2020 or to such other date as the Court finds appropriate.
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Dated: September 3, 2020
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LEONE & ALBERTS
/s/ Katherine A. Alberts
KATHERINE A. ALBERTS
Attorney for Defendant
VACAVILLE UNIFIED SCHOOL DISTRICT
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DECLARATION OF KATHERINE A. ALBERTS
I, KATHERINE A. ALBERTS, declare as follows:
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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.
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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.
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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
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USD’s motion to dismiss and needed an extension. Therefore, I wrote an email to
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PLAINTIFFS’ counsel, Mr. Greenbaum, that evening requesting a stipulated extension. I
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spoke to PLAINTIFFS’ counsel today, Thursday, September 3, 2020 around noon, when I
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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
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returned home from a doctor’s appointment. Mr. Greenbaum stated he was inclined to
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stipulate to the extension but had to speak to his clients. I next spoke to Mr. Greenbaum
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around 6:00 p.m., and he informed me PLAINTIFFS would not stipulate to an extension. I
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then informed him that I would be filing this Application later this same evening.
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I am the sole attorney in my firm assigned to this case, and therefore, the only
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one familiar with the Complaint and capable of completing the District’s Motion. Without
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this extension, I will not be able to file a timely responsive pleading on behalf of my client,
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VACAVILLE USED. The one week extension sought in this application will give me
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sufficient time to recover and complete VACAVILLE USD’s Motion as my doctor
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prescribed new medication today that should alleviate the pain and other issues in a couple of
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days.
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I declare under penalty of perjury under the laws of the United States and the State of
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California that the foregoing is true and correct and that this declaration was executed this
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3rd day of September 2020 in Danville, California.
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/s/ Katherine A. Alberts
KATHERINE A. ALBERTS
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ORDER
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Having reviewed the above Application for an Extension of Time to Respond to the
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Complaint, and good cause having been shown, the Court hereby grants this Application and
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orders that Defendant VACAVILLE USD shall have until September 11, 2020 to respond to
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the Complaint in the above captioned matter.
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IT IS SO ORDERED.
Dated: September 8, 2020
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DEFENDANT VACAVILLE UNIFIED SCHOOL DISTRICT’S
APPLICATION FOR EXTENSION OF TIME; ORDER
Case No. 2:20-CV-00902
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