Moore v. U-Haul Co. of California, et al.

Filing 35

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 12/4/2014 ORDERING that Plaintiff shall file his First Amended Complaint, a copy of which was filed with the Parties' stipulation, within five (5) calendar days of the date this Order is filed. Defendants' response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed. (Zignago, K.)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorneys for Plaintiff
Ronald Moore

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD MOORE,
Plaintiff,

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vs.
U-HAUL CO. OF CALIFORNIA, a
California corporation, et al.,
Defendants.

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No. 1:14-cv-00530-MCE-SMS
STIPULATION GRANTING PLAINTIFF
LEAVE TO FILE FIRST AMENDED
COMPLAINT; ORDER

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WHEREAS, Plaintiff, Ronald Moore (“Plaintiff”), seeks to amend his complaint to

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allege additional barriers relating to his disability which were identified at the site inspection of

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the subject property conducted on August 29, 2014, as permitted by Chapman v. Pier 1 Imports

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(U.S.), Inc., 631 F.3d 939, 944 (9th Cir. 2011), and required by Oliver v. Ralphs Grocery Co.,

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654 F.3d 903, 909 (9th Cir. 2011);

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WHEREAS, Plaintiff has not unduly delayed the amendment, does not bring it in bad

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faith, the amendment is not futile, and such amendment does not prejudice the remaining

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Defendants, Lloyd Lister dba Lister’s Auto Repair and Rentals; Clovis Apartment Group,

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L.L.C., an Arizona limited liability company; and Garold C. Brown Family Limited

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Partnership, a California limited partnership (collectively “Defendants”), nor does the

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amendment in any way change the nature of the action;
STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;
ORDER
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WHEREAS, the amendment will not modify any date or deadline fixed by the Court’s

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Amended Pretrial Scheduling Order dated September 15, 2014 (Dkt. 30) pursuant to Fed. R.

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Civ. P. 16(b)(4);

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and

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Defendants, the parties hereto, through their respective attorneys of record, that Plaintiff may

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file a First Amended Complaint, a copy of which is attached hereto as Exhibit “A.”

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IT IS FURTHER STIPULATED that Plaintiff will file his First Amended Complaint

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within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’

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response thereto shall be filed within fourteen (14) days after the First Amended Complaint is

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filed.
IT IS SO STIPULATED.
Dated: December 2, 2014

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff,
Ronald Moore
JACOBSON & McELROY PC

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/s/ LeeAnn E. Whitmore
Eileen T. Booth
LeeAnn E. Whitmore
Attorneys for Defendant,
Lloyd Lister dba Lister’s Auto Repair and Rentals

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VAUGHAN & ASSOCIATES

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/s/ Cris C. Vaughan
Cris C. Vaughan
Attorney for Defendants,
Clovis Apartment Group, L.L.C., an Arizona
limited liability company; and Garold C. Brown
Family Limited Partnership, a California limited
partnership

STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;
ORDER
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ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that Plaintiff shall file his First Amended Complaint, a

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copy of which was filed with the Parties’ stipulation, within five (5) calendar days of the date

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this Order is filed.

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IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within
fourteen (14) days after the First Amended Complaint is filed.

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IT IS SO ORDERED.
Dated: December 4, 2014

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STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;
ORDER
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