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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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
E-mail: [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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ROBERT KALANI,
Plaintiff,
vs.
ERNEST A. FEDERICO, dba PERKO’S
CAFE, et al.,

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Defendants.
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AND RELATED CROSS-CLAIM.

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No. 2:13-cv-00272-WBS-CKD
STIPULATION GRANTING PLAINTIFF
LEAVE TO FILE HIS 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 September 27, 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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Highway 88 and 99 Land Company, a Limited Partnership; and Ernest A. Federico dba Perko’s

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Cafe (“Defendants”), nor does the amendment in any way change the nature of the action;

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WHEREAS, the amendment will not modify any date or deadline fixed by the Court’s

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Status (Pretrial Scheduling) Order dated August 15, 2013 (ECF No. 21) pursuant to Fed. R.

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Civ. P. 16(b)(4);

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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.”
IT IS FURTHER STIPULATED that Plaintiff file his First Amended Complaint

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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.
Dated: November 13, 2013

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MOORE LAW FIRM, P.C.
/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff
Robert Kalani

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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

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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
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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.

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Dated: November 18, 2013

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