Moore v. Saniefar et al

Filing 24

STIPULATION and ORDER GRANTING Plaintiff Leave to File First Amended Complaint. Plaintiff shall file his First Amended Complaint, a copy of which was filed with the parties' Stipulation, within 5 days of the date this Order is filed; and defendants shall file a responsive pleading no later than 14 days after the First Amended Complaint is filed. Order signed by Magistrate Judge Sheila K. Oberto on 1/20/2015. (Timken, A)

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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.
FATEMAH SANIEFAR dba ZLFRED’S, et
al.,
Defendants.

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No. 1:14-cv-01067-SKO
STIPULATION GRANTING PLAINTIFF
LEAVE TO FILE FIRST AMENDED
COMPLAINT; ORDER

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 December 2, 2014, as permitted by Chapman v. Pier 1
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Imports (U.S.), Inc., 631 F.3d 939, 944 (9th Cir. 2011), and required by Oliver v. Ralphs
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Grocery Co., 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,
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Fatemah Saniefar dba Zlfred’s; Gholamreza Saniefar dba Zlfred’s; Zlfred’s, Inc., a California
corporation; and Alireza Saniefar, Trustee of the Bost Trust (collectively “Defendants”), nor

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does the amendment in any way change the nature of the action;
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WHEREAS, the amendment will not modify any date or deadline fixed by the Court’s

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Scheduling Order dated November 3, 2014 (Dkt. 22) pursuant to Fed. R. Civ. P. 16(b)(4);
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STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;
ORDER
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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.

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IT IS SO STIPULATED.

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Dated: January 16, 2015

MOORE LAW FIRM, P.C.
/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff
Ronald Moore
SANIEFAR LAW

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/s/ Moji Saniefar
Moji Saniefar
Attorneys for Defendants
Fatemah Saniefar dba Zlfred’s; Gholamreza
Saniefar dba Zlfred’s; Zlfred’s, Inc., a California
corporation; and Alireza Saniefar, Trustee of the
Bost Trust

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

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

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1.

Plaintiff shall file his First Amended Complaint, a copy of which was filed

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with the parties’ Stipulation, within 5 days of the date this Order is

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filed; and

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2.

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Defendants shall a responsive pleading no later than 14 days after the First
Amended Complaint is filed.

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IT IS SO ORDERED.
Dated:

January 20, 2015

/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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