Shepherd v. Kohl's Department Stores, Inc.

Filing 24

STIPULATION and ORDER signed by Judge John A. Mendez on 8/4/2015 ORDERING that Plaintiff may file a First Amended Complaint. The First Amended Complaint is deemed filed and served as of the date of this Order. Defendant shall file a responsive pleading within twenty (20) days of this Order. The plaintiff's 22 motion to file a First Amended Complaint is VACATED from the Court's 9/16/2015 motion calendar. (Zignago, K.)

ANTHONY J. SPERBER, Bar No. 197962
LAW OFFICE OF ANTHONY J. SPERBER
1808 Sixth Street, Berkeley, CA 94710
Tel: [phone]
Fax: [phone]
[e-mail]
KURT W. DREGER, Bar No. 283384
LAW OFFICE OF KURT W. DREGER
848 Mohawk Drive, Livermore, CA 94551
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for
PLAINTIFF JUSTIN SHEPHERD

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

JUSTIN SHEPHERD,

Case No. 1:14-CV-01901-JAM-BAM
Plaintiff,

Assigned for All Purposes: Hon. John A. Mendez

v.
KOHL’S DEPARTMENT STORES, INC.,
and DOES 1 through 100,

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

Defendants.

STIPULATION OF THE PARTIES
THE PARTIES, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, STIPULATE
AND AGREE AS FOLLOWS:
Plaintiff Justin Shepherd (“Plaintiff”) seeks leave of Court to amend his Complaint against
Defendant Kohl’s Department Stores, Inc. (“Defendant”) so as to make the Complaint conform to
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT
OF PLAINTIFF’S MOTION TO AMEND COMPLAINT

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CASE NO. 1:14-CV-01901-JAM-BAM

evidence obtained thus far and to assert all viable legal theories. Specifically, Plaintiff is adding two
claims: (1) Failure To Engage In An Interactive Process and (2) Failure To Reasonably
Accommodate (both alleged violations of the Fair Employment & Housing Act, Cal. Govt. Code §
12940, et seq.). Plaintiff has also made miscellaneous modifications to the body of the complaint, to
make it conform to proof.
Given the very liberal rules governing amendments to pleadings, Defendant does not object
to the amendments. Therefore, in order to conserve the resources of the parties and the Court, the
parties hereby stipulate and agree that good cause exists to allow Plaintiff leave to file his First
Amended Complaint.
IT IS SO STIPULATED AND AGREED.
Dated: August 4, 2015

LAW OFFICE OF ANTHONY J. SPERBER
LAW OFFICE OF KURT W. DREGER

By:

/s/
Anthony J. Sperber
Attorneys for Plaintiff Justin Shepherd

Dated: August 4, 2015
PAYNE & FEARS LLP

By:

MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT
OF PLAINTIFF’S MOTION TO AMEND COMPLAINT

/s/
Leila Narvid
Attorneys for Defendant Kohl’s
Department Stores, Inc.

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CASE NO. 1:14-CV-01901-JAM-BAM

ORDER
Pursuant to the foregoing Stipulation of the parties and good cause appearing, IT IS
ORDERED that:
(1)

Plaintiff may file a First Amended Complaint.

(2)

The First Amended Complaint is deemed filed and served as of the date of this Order.

(3)

Defendant shall file a responsive pleading within twenty (20) days of this Order.

(4)

The plaintiff’s motion to file a First Amended Complaint is vacated from the Court’s

September 16, 2015 motion calendar.
IT IS SO ORDERED.

Dated: August 4, 2015

MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT
OF PLAINTIFF’S MOTION TO AMEND COMPLAINT

/s/ John A. Mendez_____________________
United States District Court Judge

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CASE NO. 1:14-CV-01901-JAM-BAM