Kalani v. Commercial Net Lease Realty, LP et al

Filing 17

STIPULATION and ORDER 16 signed by Senior Judge William B. Shubb on 7/9/2013 : Plaintiff shall file his First Amended Complaint within five (5) calendar days of the date this Order is filed. Defendants' response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed. (Kirksey Smith, K)

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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]
Attorneys for Plaintiff
Robert Kalani

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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)
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)
Plaintiff,
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vs.
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COMMERCIAL NET LEASE REALTY, LP, )
A DELAWARE LIMITED PARTNERSHIP; )
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T.W.T. SERVICE INDUSTRIES aka TWT )
SERVICE INDUSTRIES dba DENNY’S
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RESTAURANT #6881,
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Defendants.
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)
ROBERT KALANI,

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No. 2:13-CV-00062-WBS-DAD
STIPULATION GRANTING PLAINTIFF
LEAVE TO FILE FIRST AMENDED
COMPLAINT; [PROPOSED] ORDER

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WHEREAS, Plaintiff, Robert Kalani (“Plaintiff”), seeks to amend his complaint to

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allege additional access barriers which relate to his disability which were identified at a site

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inspection of the subject property by Plaintiff, which took place on June 11, 2013;

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WHEREAS, the Ninth Circuit both urges and requires Plaintiff to identify in his

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complaint all barriers identified which relate to his disability. Chapman v. Pier 1 Imports

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(U.S.) Inc., 631 F.3d 939, 944 (9th Cir. 2011); Oliver v. Ralphs Grocery Co., 654 F.3d 903,

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909 (9th Cir. 2011);

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WHEREAS, the Parties have not commenced discovery, other than the inspection of
the subject property by Plaintiff;
STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED]
ORDER
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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 defendants

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Commercial Net Lease Realty, LP, and T.W.T. Service Industries (“Defendants”), nor does the

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amendment in any way change the nature of the action;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and

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

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Amended Complaint, a copy of which is attached hereto as Exhibit “A.”

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IT IS FURTHER STIPULATED that Plaintiff file his First Amended Complaint
within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’

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responses thereto shall be due as required by the Federal Rules of Civil Procedure.

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IT IS SO STIPULATED.

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Dated: July 9, 2013

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff,
Robert Kalani

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MOORE LAW FIRM, P.C.

Dated: July 9, 2013

BASHAM LAW GROUP

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/s/ Aaron R. Jackson
Aaron R. Jackson
Attorneys for Defendants,
Commercial Net Lease Realty, LP and
T.W.T. Service Industries

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ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that Plaintiff file his First Amended Complaint, a copy of

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which was filed with the Parties’ stipulation, within five (5) calendar days of the date this
Order is filed.

STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED]
ORDER
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IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within
fourteen (14) days after the First Amended Complaint is filed.

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IT IS SO ORDERED.

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Dated: July 9, 2013

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