O'Campo v. Chico Mall, LP et al

Filing 51

ORDER signed by Senior Judge Lawrence K. Karlton on 9/1/10: Plaintiff may file an amended complaint within seven (7) days of the issuance of this order. Plaintiff shall file a new declaration as to standing that conforms with E.D. Cal. Local Rules wi thin seven (7) days of the issuance of this order. If defendant Hot Topic, Inc. wishes to amend its motion for summary judgment in light of this order, it must inform the court within seven (7) days of the issuance of this order of its intention to do so. (Kaminski, H)

O'Campo v. Chico Mall, LP et al

Doc. 51

1 2 3 4 5 6 7 8 9 DIMAS O'CAMPO, 10 Plaintiff, 11 v. 12 CHICO MALL, LP, et al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 / On August 13, 2010, the court ordered plaintiff to show cause as to whether he has standing to challenge the legality of barriers identified in his complaint. Plaintiff did not allege that he used a wheelchair, yet nonetheless brought claims concerning wheelchair accessibility. On August 27, 2010, plaintiff filed a declaration in that stated inter alia, that he "use[s] a wheelchair when traveling in public for time periods of more than 10-15 minutes" and that when he "use[s his] wheelchair, [his] cane is left either at home or in the van and therefore, it is extremely difficult to get in and out of my wheelchair." Decl. of D. O'Campo, ECF No. 48, ¶¶ 3-4. This declaration does not conform with E.D. Cal. Local Rules. 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

NO. CIV. S-10-1105 LKK/CMK

ORDER

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Specifically,

the

declaration

is

signed

by

plaintiff

electronically, without any indication that plaintiff's counsel maintains a signed original. Pursuant to E.D. Cal. Local Rule 131(f), documents that are signed by a person who is not an attorney of record may be filed in electronic format bearing an "/s/" and the person's name on the signature line only if the document also includes a statement that counsel has a signed original. "It is counsel's duty to maintain this original signature for one year after the exhaustion of all appeals." Id. On August 23, 2010, defendant Hot Topic, Inc. moved for summary judgment. It does not appear to this court that this order will alter any analysis in the motion. For the foregoing reasons, the court ORDERS as follows: (1) Plaintiff may file an amended complaint within seven (7) days of the issuance of this order in which he may allege that he requires use of a wheelchair. Plaintiff

is only granted leave to amend his complaint to add these factual allegations. If plaintiff fails to do so, the court will dismiss plaintiff's complaint insofar as it brings wheelchair accessibility claims. (2) Plaintiff shall file a new declaration as to standing that conforms with E.D. Cal. Local Rules within seven (7) days of the issuance of this order. (3) If defendant Hot Topic, Inc. wishes to amend its motion for summary judgment in light of this order, it must inform the court within seven (7) days of the issuance 2

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of this order of its intention to do so. IT IS SO ORDERED. DATED: September 1, 2010.

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