Moore v. Millennium Acquisitions, LLC et al

Filing 18

STIPULATION and ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT signed by Magistrate Judge Stanley A. Boone on 3/24/2015. (Lundstrom, T)

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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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)
)
)
Plaintiff,
)
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vs.
)
MILLENNIUM ACQUISITIONS, LLC, et al., )
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)
Defendants.
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)
RONALD MOORE,

No. 1:14-cv-01402-LJO-SAB
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 January 28, 2015, 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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Millennium Acquisitions, LLC; and Timeless Investments, Inc., dba Arco am/pm #83176

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(“Defendants”), nor 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
Scheduling Order dated January 21, 2015 (Dkt. 13) 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

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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 thirty (30) days after the First Amended Complaint is

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filed.

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IT IS SO STIPULATED.
Dated: March 23, 2015

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

Dated: March 23, 2015

YARRA, KHARAZI & CLASON
/s/ H. Ty Kharazi
H. Ty Kharazi
Attorneys for Defendants
Millennium Acquisitions, LLC; and Timeless
Investments, Inc., dba Arco am/pm #83176

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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.
IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within

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thirty (30) days after the First Amended Complaint is filed.

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IT IS SO ORDERED.
Dated:

March 24, 2015
UNITED STATES MAGISTRATE JUDGE

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