A.W. et al v. Davis School District

Filing 16

MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Certify Class and Memorandum in Support filed by Defendant Davis School District. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle)

SCOTT D. CHENEY (6193)
KYLE K. KAISER (13924)
Assistant Utah Attorneys General
MARK L. SHURTLEFF (4666)
Utah Attorney General
160 East 300 South, Sixth Floor
PO BOX 140856
Salt Lake City, Utah 84114-0856
Telephone: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorney for Defendants

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH – NORTHERN DIVISION

A.W. and C.W., by and through their mother
Tina Weber, individually and on behalf of
others similarly situated,

UNOPPOSED MOTION TO EXTEND
TIME TO RESPOND TO PLAINTIFFS’
MOTION FOR CLASS CERTIFICATION

Plaintiffs,
v.
DAVIS SCHOOL DISTRICT,
Defendant.

Case No. 1:12-cv-242-EJF
Magistrate Judge Evelyn Furse

Defendant, The Board of Education of Davis School District (the “District”), moves the
court pursuant to Fed. R. Civ. P. 6 (b)(1) and DUCiv.R. 7-1(b)(1), for an extension of time until
February 1, 2013 to respond to Plaintiffs’ Motion for Class Certification (doc. 13). Good cause
exists for the extension, as factual investigation into the claims and defenses is ongoing, but will
be delayed due to the intervening winter holidays. Furthermore, a response to the motion for
class certification requires investigation and potential discovery, regarding Plaintiffs’ allegations

that the class is numerous, the factual and legal claims are common and typical, and the proposed
representative is adequate. This investigation cannot be accomplished in the short time provided
to respond to the motion. The District agrees not to seek further extension absent agreement by
Plaintiffs or compelling circumstances. Plaintiffs have been consulted and do not object to the
length of the extension period.
DATED this 19th day of December, 2012.
MARK L. SHURTLEFF
UTAH ATTORNEY GENERAL

/s/ Kyle J. Kaiser
SCOTT D. CHENEY
KYLE J. KAISER
Assistant Utah Attorneys General
Attorneys for Defendant