Bishop et al v. Lake Chelan et al

Filing 53

ORDER GRANTING JOINT MOTION TO STRIKE MOTION TO DISMISS; ALLOWING FILING OF AMENDED COMPLAINT - granting 50 Motion to Strike; granting 51 Motion to Expedite; and striking 28 Motion to Dismiss. Signed by Senior Judge Justin L. Quackenbush. (CC, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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C.B., a minor, by and through his parents
CHRIS BISHOP and SARA CHRISTENSEN;
J.B., a minor, by and through his parents
CHRIS BISHOP and SARA CHRISTENSEN;
CHRIS BISHOP, individually, and SARA
CHRISTENSEN, individually,

NO. 2:14-CV-82-JLQ
ORDER GRANTING JOINT
MOTION TO STRIKE MOTION TO
DISMISS; ALLOWING FILING OF
AMENDED COMPLAINT

Plaintiffs,

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vs.
LAKE CHELAN SCHOOL DISTRICT NO.
129, a Washington public school district; and
K.C. CRAVEN, individually,

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Defendants.

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BEFORE THE COURT is the parties' Joint Motion to Strike Defendants' Motion to
Dismiss (ECF No. 50) and Joint Motion to Expedite the Motion to Strike (ECF No. 51).
The parties additionally request that the court grant permission for Plaintiffs to file a
Second Amended Complaint.
Plaintiffs' First Amended Complaint listed sixteen Claims for Relief, all stemming
primarily from allegations that Defendant K.C. Craven, a teacher in Defendant Lake
Chelan School District, sexually abused minor C.B., which also caused harm to twin
sibling J.B. Plaintiffs' Fifth, Seventh, Ninth, and Twelfth Claims for Relief listed their
parents, Chris and Sara Bishop, as injured parties. Defendants' Motion to Dismiss (ECF
No. 28) sought to dismiss these claims on grounds that Defendants owed no legal duty of
care to the parents. The hearing on the Motion to Dismiss is currently set for December
12, 2014.

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ORDER - 1

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In response, Plaintiffs have submitted a proposed Second Amended Complaint

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(ECF No. 50-1) which does not include the Claims for Relief that Defendants sought to

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dismiss. Because all parties have provided written consent for the Second Amended

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Complaint, such request is proper under Fed.R.Civ.P. 15(a)(2).

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IT IS HEREBY ORDERED:

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1. The Joint Motion to Strike Defendants' Motion to Dismiss (ECF No. 50) is

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GRANTED.
2. Defendants' Motion to Dismiss (ECF No. 28) and the December 12, 2014
hearing thereon are hereby STRICKEN.
3. The Joint Motion to Expedite the Joint Motion to Dismiss and Allowing Filing
of Amended Complaint (ECF No. 51) is GRANTED.
IT IS SO ORDERED. The Clerk is hereby directed to enter this Order and furnish
copies to counsel.
DATED this 2nd day of December, 2014.

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s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE

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ORDER - 2