Gutierrez v. La Tapatia Tortilleria, Inc., et al

Filing 20

STIPULATION and ORDER GRANTING Plaintiff Leave to File First Amended Complaint. Plaintiff shall file his First Amended Complaint ("FAC"), a copy of which was filed with the Parties' stipulation, within 5 days of the date this Order is filed; and Defendants' response to Plaintiff's FAC shall be filed within 14 days after the FAC is filed. Order signed by Magistrate Judge Sheila K. Oberto on 11/25/2014. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATIVIDAD GUTIERREZ,
Plaintiff,
vs.
LA TAPATIA TORTILLERIA, INC., et al.,
Defendants.

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No. 1:14-cv-00545-LJO-SKO
STIPULATION GRANTING PLAINTIFF
LEAVE TO FILE FIRST AMENDED
COMPLAINT; [PROPOSED] ORDER

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WHEREAS, Plaintiff, Natividad Gutierrez (“Plaintiff”), seeks to amend his complaint

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

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of the subject property conducted on July 15, 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 Defendants, La

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Tapatia Tortilleria, Inc., a California corporation, dba La Tapatia Retail Store; and Helen

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Chavez-Hansen,

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“Defendants”), nor does the amendment in any way change the nature of the action;

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Trustee

of

the

Helen

Chavez-Hansen

Living

Trust

(collectively

WHEREAS, the amendment will not modify any date or deadline fixed by the Court’s
Scheduling Order dated October 7, 2014 (ECF No. 18) pursuant to Fed. R. 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
STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;
ORDER
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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.

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IT IS SO STIPULATED.
Dated: November 17, 2014

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MOORE LAW FIRM, P.C.
/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff
Natividad Gutierrez

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DOWNEY BRAND LLP

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/s/ James D. Burnside III
James D. Burnside III
Attorneys for Defendants
La Tapatia Tortilleria, Inc., a California
corporation, dba La Tapatia Retail Store; and
Helen Chavez-Hansen, Trustee of the Helen
Chavez-Hansen Living Trust

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ORDER
Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that:
1.

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filed with the Parties’ stipulation, within 5 days of the date this Order

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Plaintiff shall file his First Amended Complaint ("FAC"), a copy of which was

is filed; and
2.

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Defendants’ response to Plaintiff's FAC shall be filed within 14 days after the
FAC is filed.

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IT IS SO ORDERED.
Dated:

November 25, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;
ORDER
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