Morales v. Northern Village Associates, LP et al

Filing 17

STIPULATION and ORDER Granting Plaintiff Leave to File First Amended Complaint, signed by Magistrate Judge Stanley A. Boone on 10/30/13. (Verduzco, M)

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1 2 3 4 5 6 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 Email: tanya@moorelawfirm.com Attorneys for Plaintiff John Morales 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) vs. ) ) NORTHERN VILLAGE ASSOCIATES, LP, ) ) a California limited partnership, et al., ) ) Defendants. ) ) ) JOHN MORALES, No. 1:13-cv-00643-LJO-SAB STIPULATION AND ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT 18 19 WHEREAS, Plaintiff John Morales (“Plaintiff”) seeks to amend his complaint to 20 allege additional barriers relating to his disability which he claims were identified at the site 21 inspection of the subject property conducted on September 23, 2013, and as he claims is 22 permitted by Chapman v. Pier 1 Imports (U.S.), Inc., 631 F.3d 939, 944 (9th Cir. 2011), and 23 required by Oliver v. Ralphs Grocery Co., 654 F.3d 903, 909 (9th Cir. 2011); 24 WHEREAS, Plaintiff has not provided the site inspection documents to Defendants, 25 Northern Village Associates, LP, and Briad Restaurant Group, LLC dba TGI Friday’s #1729 26 (collectively “Defendants”) and refuses to do so; 27 28 WHEREAS, Plaintiff claims he has not unduly delayed the amendment, does not bring it in bad faith, the amendment is not futile, and such amendment does not prejudice 1 “Defendants”, nor does the amendment in any way change the nature of the action; 2 WHEREAS, Plaintiff claims the amendment will not modify any date or deadline 3 fixed by the Court’s Scheduling Order dated August 8, 2013 (ECF No. 14) pursuant to Fed. R. 4 Civ. P. 16(b)(4); 5 6 WHEREAS, Defendants do not waive any right to challenge the amended complaint in any manner or for any reason; 7 WHEREAS, Defendants agreement to stipulate to allow Plaintiff to file an amended 8 complaint does not constitute an acknowledgment that any claim in the amended complaint has 9 merit, is true, or establishes any liability whatsoever to Defendants. 10 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and 11 Defendants, the parties hereto, through their respective attorneys of record, that Plaintiff may 12 file a First Amended Complaint, a copy of which is attached hereto as Exhibit “A.” 13 IT IS FURTHER STIPULATED that Plaintiff will file his First Amended Complaint 14 within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’ 15 response thereto shall be filed within fourteen (14) days after the First Amended Complaint is 16 filed. 17 IT IS SO STIPULATED. 18 19 Dated: October 30, 2013 /s/ Tanya E. Moore Tanya E. Moore Attorneys for Plaintiff John Morales 20 21 22 23 MOORE LAW FIRM, P.C. Dated: October 30, 2013 CALLAHAN, THOMPSON, SHERMAN & CAUDILL, LLP 24 25 26 27 28 /s/ Kathleen M. Hartman Kathleen M. Hartman Robert W. Thompson Attorneys for Defendants Northern Village Associates, LP, and Briad Restaurant Group, LLC dba TGI Friday’s #1729 ORDER 1 2 The Parties having so stipulated and good cause appearing, 3 IT IS HEREBY ORDERED that Plaintiff shall file his First Amended Complaint, a 4 copy of which was filed with the Parties’ stipulation, within five (5) calendar days of the date 5 this Order is filed. 6 7 IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed. 8 9 IT IS SO ORDERED. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 30, 2013 _ _ UNITED STATES MAGISTRATE JUDGE

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