Ronald Moore v. Andros et al

Filing 20

ORDER GRANTING Plaintiff Leave to File First Amended Complaint 20 . 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 shall be filed within fourteen (14) days after the filing of the First Amended Complaint. Order signed by Magistrate Judge Sheila K. Oberto on 4/3/2015. (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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v.

Case No. 1:14-cv-01460-SKO
ORDER GRANTING PLAINTIFF LEAVE
TO FILE FIRST AMENDED
COMPLAINT
(Doc. 20)

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ANN ANDROS, et al.,

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Defendants.
_____________________________________/

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WHEREAS, Plaintiff Ronald Moore (“Plaintiff”) seeks to amend his complaint to allege
additional barriers relating to his disability which were identified at the site inspection of the
subject property conducted on February 19, 2015, as permitted by Chapman v. Pier 1 Imports
(U.S.), Inc., 631 F.3d 939, 944 (9th Cir. 2011), and required by Oliver v. Ralphs Grocery Co., 654
F.3d 903, 909 (9th Cir. 2011);
WHEREAS, Plaintiff has not unduly delayed the amendment, does not bring it in bad faith,

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the amendment is not futile, and such amendment does not prejudice Defendants, Ann Andros and
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California Spaghetti Restaurants, Inc., d/b/a The Old Spaghetti Factory (collectively
“Defendants”), nor does the amendment in any way change the nature of the action;
WHEREAS, the amendment will not modify any date or deadline fixed by the Court’s
Scheduling Order dated March 23, 2015 (Doc. 18), pursuant to Fed. R. Civ. P. 16(b)(4);
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and

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1 First Amended Complaint, a copy of which is attached hereto as Exhibit “A.”
IT IS FURTHER STIPULATED that Plaintiff will file his First Amended Complaint

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3 within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’
4 response thereto shall be filed within fourteen (14) days after the First Amended Complaint is
5 filed.
ORDER

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The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED

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1.

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;
2.

Defendants’ response shall be filed within fourteen (14) days after the filing of the

First Amended Complaint.

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14 IT IS SO ORDERED.
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Dated:
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April 3, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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