E.K. v. Nooksack Valley School District

W.D. Washington

E.K. v. Nooksack Valley School District

DecidedDecember 21, 2020

Docket2:20-cv-01594

StatusUnknown

This text of E.K. v. Nooksack Valley School District (E.K. v. Nooksack Valley School District) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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E.K. v. Nooksack Valley School District, (W.D. Wash. 2020).

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 E.K. and A.O., in their capacity as parents and CASE NO. C20-1594-JCC guardians of minor students D.O. and J.O., 10 MINUTE ORDER 11 Plaintiffs, v. 12 NOOKSACK VALLEY SCHOOL DISTRICT, 13 et al., 14 Defendants. 15

16 The following Minute Order is made by direction of the Court, the Honorable John C. 17 Coughenour, United States District Judge: 18 This matter comes before the Court on the parties’ stipulated motion for leave for 19 Plaintiffs to amend the complaint (Dkt. No. 11). Defendants consent to the amendment, and it is 20 proper under Federal Rule of Civil Procedure 15. See Fed. R. Civ. P. 15(a)(2) (“a party may 21 amend its pleading . . . with the opposing party’s consent”). “Once the adverse party has 22 consented to the amendment of a pleading, the court has no control over the matter under Rule 23 15(a).” Fern v. United States, 213 F.2d 674, 677 (9th Cir. 1954). Accordingly, the Court 24 GRANTS the parties’ stipulated motion. Plaintiffs must file the amended complaint within 14 25 days of this order. The amended complaint may not differ from the complaint attached to the 26 parties’ motion at Dkt. No. 11. In light of the forthcoming amended complaint, Defendants’ 1 pending motion to dismiss (Dkt. No. 10) is DENIED without prejudice as moot. 2 DATED this 21st day of December 2020. 3 William M. McCool Clerk of Court 4 s/Paula McNabb 5 Deputy Clerk 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 E.K. and A.O., in their capacity as parents and CASE NO. C20-1594-JCC guardians of minor students D.O. and J.O., 10 MINUTE ORDER 11 Plaintiffs, v. 12 NOOKSACK VALLEY SCHOOL DISTRICT, 13 et al., 14 Defendants. 15

16 The following Minute Order is made by direction of the Court, the Honorable John C. 17 Coughenour, United States District Judge: 18 This matter comes before the Court on the parties’ stipulated motion for leave for 19 Plaintiffs to amend the complaint (Dkt. No. 11). Defendants consent to the amendment, and it is 20 proper under Federal Rule of Civil Procedure 15. See Fed. R. Civ. P. 15(a)(2) (“a party may 21 amend its pleading . . . with the opposing party’s consent”). “Once the adverse party has 22 consented to the amendment of a pleading, the court has no control over the matter under Rule 23 15(a).” Fern v. United States, 213 F.2d 674, 677 (9th Cir. 1954). Accordingly, the Court 24 GRANTS the parties’ stipulated motion. Plaintiffs must file the amended complaint within 14 25 days of this order. The amended complaint may not differ from the complaint attached to the 26 parties’ motion at Dkt. No. 11. In light of the forthcoming amended complaint, Defendants’ 1 pending motion to dismiss (Dkt. No. 10) is DENIED without prejudice as moot. 2 DATED this 21st day of December 2020. 3 William M. McCool Clerk of Court 4 s/Paula McNabb 5 Deputy Clerk 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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E.K. v. Nooksack Valley School District, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ek-v-nooksack-valley-school-district-wawd-2020.

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