Bilokonsky

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 M.B., by and through his Guardian ad Case No.: 19-CV-1054-CAB-AHG Litem, COURTNEY BILOKONSKY,

ORDER GRANTING DEFENDANT

Plaintiff, SAN DIEGO UNIFIED SCHOOL v. DISTRICT’S MOTION TO DISMISS

PLAINTIFF’S SECOND AMENDED

UNITED STATES OF AMERICA et al., COMPLAINT WITH LEAVE TO Defendants. AMEND

18 [Doc. No. 16]

20 This matter is before the Court on a motion to dismiss filed by Defendant San Diego Unified School District (“SDUSD”). [Doc. No. 16.] On November 7, 2019, the Court granted SDUSD’s motion to dismiss with prejudice based on a lack of opposition and on its merits. [Doc. No. 18.] On November 8, 2019, Plaintiff’s counsel filed an affidavit explaining the circumstances for failing to file an opposition on time and the opposition itself. [Doc. Nos. 19, 20.] Subsequently, in light of Plaintiff’s affidavit and opposition, the Court withdrew its Order granting SDUSD’s motion to dismiss…