Kalani v. Castle Park, LLC et al

Filing 19

ORDER granting 18 Motion to Amend the Complaint signed by Judge Lawrence K. Karlton on 4/3/13: Plaintiff shall file the Proposed Second Amended Complaint (ECF No. 18-3), within 10 days of the date of this order. The Scheduling Conference Order, together with all dates set therein, is otherwise CONFIRMED. The hearing on this motion, currently scheduled for April 8, 2013, is hereby VACATED. (Kaminski, H)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT KALANI,
NO. CIV. S-12-2330 LKK/CKD

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Plaintiff,
v.
O R D E R

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CASTLE VILLAGE LLC,
FUJINAKA PROPERTIES, L.P.,

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Defendants.
/

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Plaintiff has moved to amend his complaint to: (1) remove the

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second claim; and (2) allege all barriers to his access to

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defendant’s facility, including barriers he did not personally

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encounter.

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of Non-Opposition, and the merits of the motion being apparent from

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plaintiffs’ papers, the court will decide the motion on the papers,

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without oral argument.

Defendant having filed no opposition nor a Statement

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At this stage of the proceedings, plaintiff may amend his

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complaint only for “good cause” shown. Pretrial (Scheduling) Order

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(ECF No. 17) at 2.

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all barriers related to his disability, even if he has not

Plaintiff is entitled to seek the removal of

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personally encountered them, once he has alleged that he has

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encountered at least one such barrier.

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(U.S.) Inc., 631 F.3d 939, 944 (9th Cir. 2011) (en banc).

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Plaintiff’s

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personally encountered barriers (ECF No. 7).

First

Amendment

Chapman v. Pier 1 Imports

Complaint

does

allege

that

he

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Plaintiff asserts that he was unable to include allegations

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relating to all un-encountered barriers in his First Amended

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Complaint, until he had commissioned an inspection of the property,

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which he did promptly after the Scheduling Order was issued.

This

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motion having been promptly filed, and well before the discovery

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cut-off deadline of February 14, 2014, it appears that defendant

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will suffer no prejudice from the addition of the allegations of

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un-encountered barriers, or from the removal of the second claim.

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Accordingly, good cause appearing:

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1.

Plaintiff’s motion (ECF No. 18), to amend the First

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Amended Complaint is GRANTED.

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Second Amended Complaint (ECF No. 18-3), within 10 days of the date

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of this order;

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2.

Plaintiff shall file the Proposed

The Scheduling Conference Order, together with all dates

set therein, is otherwise CONFIRMED; and
3.

The hearing on this motion, currently scheduled for April

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8, 2013, is hereby VACATED.

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IT IS SO ORDERED.

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DATED:

April 3, 2013.

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