I.K. Ex Rel. E.K. v. Sylvan Union School District
Opinion
Opinion
Wanger, J.
MEMORANDUM DECISION AND ORDER RE: DEFENDANTS’ MOTION TO STAY PROCEEDINGS (Doc. 11)
I. INTRODUCTION
The parents of “I. K.,” a minor child and former student in the Sylvan Union School District, initiated this federal lawsuit months after they filed a state court lawsuit in Stanislaus County Superior Court. Before the court is a motion to stay brought by Defendants Sylvan Union School District (“SUSD” or “School District”), Tracy Barries and Russ Antracoli (collectively, “Defendants”). Defendants request a stay of this federal lawsuit while the state court lawsuit proceeds. The following background facts are taken from the parties’ submissions in connection with the motion and other documents on file in this case.
II. BACKGROUND
A. State Court Lawsuit
On March 25, 2009, I.K’s parents filed a civil lawsuit against Defendants SUSD, Barries and Antracoli in Stanislaus County Superior Court. Defendants filed a demurrer to the original complaint. In response to the demurrer, on June 22, 2009, Plaintiffs filed a first amended complaint (Doc. 13, Ex. A) which is now the operative state court pleading.
1. General Allegations Of The State Court Complaint
a. The Parties