Green v. California Pride, Inc.

Filing 22

ORDER signed by Judge John A. Mendez on 10/26/2015 ORDERING 21 that Plaintiff shall file his First Amended Complaint, a copy of which was filed with the Parties' stipulation, within 5 calendar days of the date this Order is filed. IT IS FURTHER ORDERED that Defendant's response thereto shall be filed within 14 days after the First Amended Complaint is filed. (Reader, L)

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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]
Attorney for Plaintiff
Lawrence Green

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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.
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CALIFORNIA PRIDE, INC., dba CEDAR & )
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ASHLAN BUGGY CLEAN, et al.
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Defendant.
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LAWRENCE GREEN,

No. 1:14-cv-02006-JAM-EPG
STIPULATION GRANTING PLAINTIFF
LEAVE TO FILE FIRST AMENDED
COMPLAINT; ORDER

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WHEREAS, Plaintiff, Lawrence Green (“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 May 8, 2015, 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 Defendant,

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California Pride, Inc., dba Cedar & Ashlan Buggy Clean (“Defendant,” and together with

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

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//
STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;
[PROPOSED] ORDER
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WHEREAS, the amendment will not modify any date or deadline fixed by the Court’s

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First Amended Status (Pre-trial Scheduling) Order dated August 10, 2015 (Dkt. 19) pursuant to

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Fed. R. Civ. P. 16(b)(4);

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties,

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through their respective attorneys of record, that Plaintiff may file a First Amended Complaint,

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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 Defendant’s

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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: October 23, 2015

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Lawrence Green

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Dated: October 23, 2015

WALTER & WILHELM LAW GROUP,
a Professional Corporation

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/s/ Mary Lerner
Mary Lerner
Attorneys for Defendant,
California Pride, Inc.,
dba Cedar & Ashlan Buggy Clean

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STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;
[PROPOSED] ORDER
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ORDER

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The Parties having so stipulated and good cause appearing,
IT IS HEREBY ORDERED that 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.
IT IS FURTHER ORDERED that Defendant’s response thereto shall be filed within
fourteen (14) days after the First Amended Complaint is filed.

IT IS SO ORDERED.

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Dated: 10/26/2015

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

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STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;
[PROPOSED] ORDER
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