STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE; ORDER

JENNIFER L. THURSTON, Magistrate Judge.

Plaintiff JESUS VASQUEZ ("Plaintiff") and Defendant RICHLAND SCHOOL DISTRICT ("Defendant Richland") hereby stipulate — and request — to continue the Mandatory Scheduling Conference from its current setting of June 10, 2019 to July 1, 2019 or any dates thereafter that the Court is available as follows:

WHEREAS, Plaintiff filed his initial Complaint ("Initial Complaint") in this matter on March 12, 2019;

WHEREAS, Plaintiff served his Initial Complaint on Defendant Richland on or about April 5, 2019, making Defendant Richland's response to the Initial Complaint due on or before April 26, 2019;

WHEREAS, as of the date of this filing, despite reasonable and good faith efforts, Plaintiff has been unable to effectuate service on Defendant PAUL MARTINEZ ("Defendant Martinez");

WHEREAS, during Defendant Richland's review of the Initial Complaint, problems were noted, including the assertion of an untenable claim against Defendant Richland and an improper prayer for punitive damages against Defendant Richland;

WHEREAS, counsel for Plaintiff and Defendant met and conferred in an attempt to informally resolve the issues with the Initial Complaint;

WHEREAS, following the meet and confer, Plaintiff's counsel agreed to file an amended Complaint ("First Amended Complaint") to correct the issues — by removing the untenable claim and improper prayer — but also to add a new claim against Defendant Richland. Plaintiff's Counsel has agreed to file the First Amended Complaint on or before April 26, 2019;

WHEREAS, after the First Amended Complaint has been filed, counsel for Plaintiff will (again) attempt to effectuate service of the First Amended Complaint on Defendant PAUL MARINTEZ. Defendant Richland has agreed to accept service of the First Amended Complaint by mail.

WHEREAS, since Plaintiff is going to add a new claim against Defendant Richland in the First Amended Complaint, the parties stipulate (and request) that Defendant Richland be allowed 21 days to file its response to the First Amended Complaint (after mail service);

WHEREAS, the Mandatory Scheduling Conference in this matter is currently scheduled to take place on June 10, 2019; and,

WHEREAS, counsel for Defendant is currently scheduled to be out-of-state on June 10, 2019 for a pre-paid family vacation with non-refundable flight tickets.

WHEREAS, in light of the above, the parties stipulate and request that the Mandatory Scheduling Conference be continued from its current setting on June 10, 2019 at 8:30 a.m. to July 1, 2019 at 8:30 a.m., or any date/time thereafter that the Court is available.

BASED ON THE FOREGOING, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel of record, that (1) Defendant Richland be allowed 21 days to file its response to Plaintiff's First Amended Complaint (after mail service); and, (2) that the Mandatory Scheduling Conference be continued from its current setting on June 10, 2019 at 8:30 a.m. to July 1, 2019 at 8:30 a.m., or any date/time thereafter that the Court is available.

ORDER

Based upon the stipulation of the parties, the Court ORDERS:

1. Plaintiff SHALL file his first amended complaint, no later than April 3, 2019;

2. Richland School District SHALL file a responsive pleading within 21 days of service by mail;

3. The Mandatory Scheduling Conference in the above-referenced matter, presently scheduled for June 10, 2019 at 8:30 a.m. is continued to July 1, 2019 at 9:15 a.m.

IT IS SO ORDERED.