United States District Court, D. Utah, Central Division
B. Pead Magistrate Judge
MEMORANDUM DECISION AND ORDER •
ADOPTING  REPORT AND RECOMMENDATION; and
• GRANTING  MOTION FOR EXTENSION OF
NUFFER UNITED STATES DISTRICT JUDGE
Judge David Nuffer Magistrate Judge Dustin B. Pead The Report
and Recommendation issued by United States Magistrate Judge
Dustin Pead on February 4, 2019 recommends that
Plaintiffs' Motion to Sever and Remand be denied and
that Defendants' Motion to Dismiss be granted in
part and denied in part.
parties were notified of their right to file objections to
the Report and Recommendation within 14 days of its service
pursuant to 28 U.S.C. § 636 and Fed. R.
Civ. P. 72. No. party filed a written objection to the
Report and Recommendation as provided by court rules.
Therefore, the analysis and conclusion of the Magistrate
Judge are accepted and the Report and
Recommendation is adopted in its entirety.
of the Report and Recommendation, the Magistrate Judge found
that Plaintiffs' Complaint, as currently drafted, fails
to adequately state an equal protection claim against
Defendants. However, Plaintiffs were granted leave to amend
their Complaint to state a valid equal protection claim
against North Sanpete School District.
subsequently filed a motion for continuance or extension of
time (“Motion for Extension of Time”), requesting
additional time to attempt alternative dispute
resolution. In response, Defendants state that they do
not oppose a two-week extension for Plaintiffs to file an
amended complaint, but otherwise oppose any general stay
imposed on the case. Plaintiffs have failed to demonstrate that
a stay is warranted. However, in light of Defendant's
non-opposition, a reasonable extension of time to file an
amended complaint will be granted.
HEREBY ORDERED that the Report and
Recommendation is ADOPTED. Plaintiffs' Motion to
Sever and Remand is DENIED. Defendants' Motion to
Dismiss is GRANTED in part and DENIED in part.
With the exception of Plaintiffs' equal protection claim,
all of Plaintiffs' claims are DISMISSED with prejudice.
FURTHER ORDERED that Plaintiffs' Motion for Extension of
Time is GRANTED. If Plaintiffs intend to
proceed with their equal protection claim, Plaintiffs must
file an amended complaint on or before March 15, 2019.
event that an amended complaint is not filed by March 15,
2019, Plaintiffs' case in its entirety shall be DISMISSED
with prejudice and the Clerk shall close the case.
 Report and Recommendation on
Defendants' Motion to Dismiss (“Report and
Recommendation”), docket no. 24, entered Feb.
 Motion to Sever State Law Claims and
Remand Plaintiffs Severed Claims of Judicial Review and
Appeal of School Boards Final Decision Back to Utah District
Court, or Injunctive Relief (“Motion to Sever and