M.D.

FACTS

Mary Doe, a fifth-grade student, and her mother, Jane, sued their school district and its employees because Mary allegedly experienced retaliation after Jane complained to the school principal about Mary’s teacher. In their First Amended Complaint (FAC), plaintiffs asserted a First Amendment retaliation claim under 42 U.S.C. § 1983, as well as violations of the California Constitution and California Public Records Act (CPRA).

Plaintiffs voluntarily dismissed the last two claims after the school district filed a motion to dismiss. The district court then dismissed the First Amendment retaliation claim without prejudice for failure to state a claim but gave

M.D. V. NEWPORT-MESA UNIFIED SCH. DIST.

plaintiffs thirty days to amend. Plaintiffs failed to meet the filing deadline, and the school district filed a proposed judgment of dismissal the very next day. Plaintiffs filed their Second Amended Complaint (SAC) the following day. Several days later, the district court entered a final judgment; it dismissed the FAC, citing plaintiffs’ failure to file the SAC “within the time allowed.”

Plaintiffs moved for relief from judgment under Federal Rule of Civil…