Feezor v. Pic N Save Corporation

Filing 14

ORDER signed by Judge John A. Mendez on 9/15/2010 re 13 ORDERING that Plaintiff is granted leave to file his Second Amended Complaint pursuant to the parties' stipulation. Defendant PNS Stores, Inc. shall not be required to file an Answer to the Second Amended Complaint. Its initial answer shall be deemed responsive. (Duong, D)

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Lynn Hubbard, III, SBN 69773 Scottlynn J Hubbard, IV, SBN 212970 DISABLED ADVOCACY GROUP, APLC 12 Williamsburg Lane Chico, CA 95926 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff Jesse Sullivan, SBN 225932 Christian Stouder, SBN 149821 HAIGHT BROWN & BONESTEEL LLP 71 Stevenson Street, 20th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorney for Defendant PNS Stores, Inc. THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Lary Feezor, Plaintiff, vs. Pic N Save Corporation, et al, Defendants. ) No. 2:10-cv-00899-JAM-CMK ) ) ) ) ) ) Stipulation to Amend Plaintiff's ) Complaint and Order Thereon ) ) ) ) ) ) ) ) )

Feezor v. Pic N Save Corporation, et al., Case No. 2:10-cv-00899-JAM-CMK Stipulation to Amend the Complaint

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The parties, subject to approval of the Court, stipulate as follows: 1. On April 14, 2010, plaintiff brought this action concerning alleged violations of the Americans With Disabilities Acts and related California Statutes against the Big Lots #04105 ("Big Lots") and the property surrounding it located at 8001 West Lane in Stockton, California. 2. Following the filing of this action, plaintiff was informed that Pic N Save Corporation has no control over the subject Big Lots store or the property on which it is located. 3. Plaintiff seeks leave of the Court to file his Second Amended Complaint in order to name the property owner, West Lane Properties, Inc., and the property manager, Metzger Management Company, who are responsible for the exterior of the Big Lots facility. 4. Attached hereto as Exhibit A is a true and correct copy of Plaintiff's Proposed Second Amended Complaint. 5. Defendant PNS Stores, Inc. shall not be required to file an Answer to the Second Amended Complaint; its initial answer shall be deemed responsive. Dated: September 15, 2010 DISABLED ADVOCACY GROUP, APLC /s/ Lynn Hubbard, III LYNN HUBBARD, III Attorney for Plaintiff Dated: September 14, 2010 HAIGHT BROWN & BONESTEEL LLP /s/ Jesse Sullivan JESSE SULLIVAN Attorney for Defendant PNS Stores, Inc.
Feezor v. Pic N Save Corporation, et al., Case No. 2:10-cv-00899-JAM-CMK Stipulation to Amend the Complaint

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: September 15, 2010

ORDER GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED THAT: 1. Plaintiff is granted leave to file his Second Amended Complaint pursuant to the parties' stipulation. 2. Defendant PNS Stores, Inc. shall not be required to file an Answer to the Second Amended Complaint; its initial answer shall be deemed responsive.

/s/ John A. Mendez________________ UNITED STATES DISTRICT JUDGE

Feezor v. Pic N Save Corporation, et al., Case No. 2:10-cv-00899-JAM-CMK Stipulation to Amend the Complaint

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