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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1 2 3 4 5 6 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 Email: tanya@moorelawfirm.com Attorneys for Plaintiff Robert Kalani 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ) ) ) Plaintiff, ) ) vs. ) COMMERCIAL NET LEASE REALTY, LP, ) A DELAWARE LIMITED PARTNERSHIP; ) ) T.W.T. SERVICE INDUSTRIES aka TWT ) SERVICE INDUSTRIES dba DENNY’S ) ) RESTAURANT #6881, ) Defendants. ) ) ROBERT KALANI, 12 13 14 15 16 17 18 No. 2:13-CV-00062-WBS-DAD STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED] ORDER 19 20 WHEREAS, Plaintiff, Robert Kalani (“Plaintiff”), seeks to amend his complaint to 21 allege additional access barriers which relate to his disability which were identified at a site 22 inspection of the subject property by Plaintiff, which took place on June 11, 2013; 23 WHEREAS, the Ninth Circuit both urges and requires Plaintiff to identify in his 24 complaint all barriers identified which relate to his disability. Chapman v. Pier 1 Imports 25 (U.S.) Inc., 631 F.3d 939, 944 (9th Cir. 2011); Oliver v. Ralphs Grocery Co., 654 F.3d 903, 26 909 (9th Cir. 2011); 27 28 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 Page 1 1 WHEREAS, Plaintiff has not unduly delayed the amendment, does not bring it in bad 2 faith, the amendment is not futile, and such amendment does not prejudice defendants 3 Commercial Net Lease Realty, LP, and T.W.T. Service Industries (“Defendants”), nor does the 4 amendment in any way change the nature of the action; 5 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and 6 Defendants, through their respective attorneys of record, that Plaintiff may file a First 7 Amended Complaint, a copy of which is attached hereto as Exhibit “A.” 8 9 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’ 10 responses thereto shall be due as required by the Federal Rules of Civil Procedure. 11 IT IS SO STIPULATED. 12 13 Dated: July 9, 2013 14 /s/ Tanya E. Moore Tanya E. Moore Attorneys for Plaintiff, Robert Kalani 15 16 17 MOORE LAW FIRM, P.C. Dated: July 9, 2013 BASHAM LAW GROUP 18 19 /s/ Aaron R. Jackson Aaron R. Jackson Attorneys for Defendants, Commercial Net Lease Realty, LP and T.W.T. Service Industries 20 21 22 23 ORDER 24 25 The Parties having so stipulated and good cause appearing, 26 IT IS HEREBY ORDERED that Plaintiff file his First Amended Complaint, a copy of 27 28 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 Page 2 1 2 IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed. 3 4 IT IS SO ORDERED. 5 6 Dated: July 9, 2013 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED] ORDER Page 3

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