C.K.B. v. Dixie School District et al

Filing 37

STIPULATION AND ORDER GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT AND VACATING HEARING RE PENDING MOTION TO DISMISS. Signed by Judge Richard Seeborg on 2/15/13. (cl, COURT STAFF) (Filed on 2/15/2013)

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ARNOLD & PORTER LLP
TRENTON H. NORRIS (SBN 164781)
ZACHARY B. ALLEN (SBN 260694)
JONATHAN L. KOENIG (SBN 281737)
Three Embarcadero Center, 10th Floor
San Francisco, California 94111
Telephone:
415.471.3100
Facsimile:
415.471.3400

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Attorneys for Plaintiff
C.K.B., by and through her next friends R.T.B. and
C.L.B.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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C.K.B. (a minor)
by and through her next friends R.T.B. (father)
and C.L.B. (mother),

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Plaintiff,
v.

No. 12cv2556 RS (DMR)
STIPULATION AND [PROPOSED]
ORDER GRANTING LEAVE TO FILE
PROPOSED THIRD AMENDED
COMPLAINT AND VACATING
HEARING RE PENDING MOTION TO
DISMISS

DIXIE SCHOOL DISTRICT,
and
THOMAS J. LOHWASSER,
in his individual and official capacity as
superintendent of the Dixie School District,
and

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PATRICIA F. ELLIOT,
in her individual and official capacity as principal
of Dixie Elementary School and Miller Creek
Middle School,

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and,

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GREG JOHNSON,
in his individual and official capacity as former
principal of Miller Creek Middle School.

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Defendants.

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STIPULATION AND [PROPOSED] ORDER RE THIRD AMENDED COMPLAINT
33336902v1

CASE NO. 12cv2556 RS

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The parties to this action, through their respective attorneys of record herein, enter into this
Stipulation subject to the Court’s approval, with reference to the following circumstances:
1.

On January 24, 2013, Defendants filed a motion to dismiss Plaintiff’s Second

Amended Complaint (“Motion”) [Dkt. No. 32].
2.

On February 1, 2013, the parties stipulated, and the Court ordered, that Plaintiff

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would provide Defendants a proposed Third Amended Complaint (“TAC”) by February 7, 2013,

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and that Defendants would inform Plaintiff on February 11, 2013 whether Defendants would

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stipulate to Plaintiff’s filing of her proposed TAC, and whether Defendants would withdraw their

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pending motion to dismiss the Second Amended Complaint (“SAC”). [Dkt. No. 34.]

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3.

On February 11, 2013, the parties’ counsel met and conferred regarding Plaintiff’s

proposed TAC, but determined they needed additional time to confer with their respective clients.
4.

On Thursday, February 14, 2013, Defendants agreed to stipulate to Plaintiff’s filing

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of her proposed TAC on the condition that Defendants would not have to respond to the TAC until

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thirty days following the date the Court approves this stipulation.
A copy of Plaintiff’s proposed TAC is attached hereto as Exhibit A.

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Accordingly, IT IS HEREBY STIPULATED AND AGREED between the parties, pursuant

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to Local Rules 6-1(a), 6-2, and 7-12, that:
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Within 10 days following the Court’s entry of an order approving this stipulation,

Plaintiff shall file her proposed TAC.
2.

Defendants shall file their response to the TAC no later than thirty days following

the date on which Plaintiff files her proposed TAC.
3.

The March 14, 2013 hearing on Defendants’ motion to dismiss the SAC, and all

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related filing deadlines, shall be vacated.

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IT IS SO STIPULATED.

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STIPULATION AND [PROPOSED] ORDER RE THIRD AMENDED COMPLAINT

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CASE NO. 12cv2556 RS

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Dated: February 15, 2013

ARNOLD & PORTER LLP

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By: /s/ Trenton H. Norris
Trenton H. Norris
Attorneys for Plaintiff

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Dated: February 15, 2013

STUBBS & LEONE

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By: /s/ Claudia Leed
Claudia Leed
Attorneys for Defendants

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Pursuant to General Order No. 45, § X-B, the filer attests that the concurrence in the filing
of this document has been obtained from the above signatories.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: February __, 2013

______________________________
Hon. Richard G. Seeborg
United States District Judge

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STIPULATION AND [PROPOSED] ORDER RE THIRD AMENDED COMPLAINT

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CASE NO. 12cv2556 RS