Kalani v. Federico et al

Filing 23

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/18/13 ORDERING The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED that Plaintiff file his First Amended Complaint, a copy of which was filed with the Parties' stipulation, within five (5) calendar days of the date this Order is filed. IT IS FURTHER ORDERED that Defendants' response thereto shall be filed within the time required by the Federal Rules of Civil Procedure. (Becknal, R)

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1 2 3 4 5 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 E-mail: tanya@moorelawfirm.com Attorneys for Plaintiff Robert Kalani 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 ROBERT KALANI, Plaintiff, vs. ERNEST A. FEDERICO, dba PERKO’S CAFE, et al., 15 Defendants. 16 17 18 AND RELATED CROSS-CLAIM. 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 2:13-cv-00272-WBS-CKD STIPULATION GRANTING PLAINTIFF LEAVE TO FILE HIS FIRST AMENDED COMPLAINT; [PROPOSED] ORDER 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 September 27, 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 Highway 88 and 99 Land Company, a Limited Partnership; and Ernest A. Federico dba Perko’s 4 Cafe (“Defendants”), nor does the amendment in any way change the nature of the action; 5 WHEREAS, the amendment will not modify any date or deadline fixed by the Court’s 6 Status (Pretrial Scheduling) Order dated August 15, 2013 (ECF No. 21) pursuant to Fed. R. 7 Civ. P. 16(b)(4); 8 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and 9 Defendants, through their respective attorneys of record, that Plaintiff may file a First 10 11 Amended Complaint, a copy of which is attached hereto as Exhibit “A.” IT IS FURTHER STIPULATED that Plaintiff file his First Amended Complaint 12 within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’ 13 responses thereto shall be due as required by the Federal Rules of Civil Procedure. 14 15 IT IS SO STIPULATED. Dated: November 13, 2013 16 MOORE LAW FIRM, P.C. /s/ Tanya E. Moore Tanya E. Moore Attorneys for Plaintiff Robert Kalani 17 18 19 20 Dated: November 15, 2013 JEFFER MANGELS BUTLER & MITCHELL LLP /s/ Matthew S. Kenefick Matthew S. Kenefick Attorneys for Defendant and Cross-Complainant Highway 88 and 99 Land Company, a Limited Partnership 21 22 23 24 25 26 27 28 Dated: November 13, 2013 MICHAEL WELCH + ASSOCIATES /s/ Michael D. Welch Michael D. Welch Attorneys for Defendant and Cross-Defendant Ernest A. Federico dba Perko’s Cafe STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; [PROPOSED] ORDER Page 2 1 2 3 4 5 6 7 ORDER The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED that Plaintiff file his First Amended Complaint, a copy of which was filed with the Parties’ stipulation, within five (5) calendar days of the date this Order is filed. IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within the time required by the Federal Rules of Civil Procedure. IT IS SO ORDERED. 8 Dated: November 18, 2013 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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