CF

ORDER RE MOTION FOR LEAVE TO FILE AN AMENDED ANSWER, MOTION FOR A DETERMINATION RE QUALIFIED IMMUNITY, AND SUPPLEMENTAL BRIEFING

I. BACKGROUND

Plaintiff C.F., by and through his parents Bill Farnan and Teresa Farnan, (collectively, “Farnan”), asserted a claim for relief for violation of C.F.’s First Amendment rights by the Capistrano Unified School District (“District”) and Dr. James C. Corbett (“Corbett”), (collectively, “School Defendants”). On April 28, 2008, this Court granted a motion allowing the California Teachers Association (“CTA”) and Capistrano Unified Education Association (“CUEA”), (collectively, “Unions”), to intervene for defendants in the action. (Docket No. 29.) Farnan asserted that his rights under the Establishment Clause were violated by a practice and policy hostile toward religion and favoring irreligión over religion. (First Amended Complaint (“FAC”) ¶¶ 22, 25.) At the focus of the dispute are remarks made by Corbett in his Advanced Placement European History class. (Id. at ¶¶ 14-15.)

On May 1, 2009, this Court ruled on the parties’ cross-motions for summary judgment. (Docket No. 87.) The Court granted Farnan’s motion for summary judgment against Corbett…