Loskot v. De La Torre et al

Filing 8

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 11/5/2014 ALLOWING the plaintiff to file a First Amended Complaint adding the additional barriers discovered as a result of the site inspection; ACCEPTING 4 Answer to Complaint as a responsive pleading the the First Amended Complaint. (Michel, G)

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JASON K. SINGLETON, State Bar # 166170
[e-mail]

SINGLETON LAW GROUP
611 "L" Street, Suite "A"
Eureka, CA 95501
[phone]
FAX: [phone]
Attorneys for Plaintiff, MARSHALL LOSKOT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARSHALL LOSKOT,

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Plaintiff,
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v.
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ROBERTO DE LA TORRE, dba
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TAQUERIA LOS GORDOS, CHARLES H. )
MARX and MARY MARLENE MARX,
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Trustees of the MARX FAMILY 2012
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TRUST, and DOES ONE through FIFTY, )
inclusive,
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Defendants.
)

Case No. 2:14-CV-752 TLN CMK
STIPULATION AND ORDER TO ALLOW
FILING OF FIRST AMENDED COMPLAINT

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After completion of a duly notice and conducted site inspection of the premises which

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are the subject of the within action, on September 29, 2014, Plaintiff desires to file a First

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Amended Complaint to amend Paragraph 6 inserting all the barriers to access revealed by the

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inspection which affect Plaintiff at Taqueria Los Gordos, the facility which is the subject of this

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action, a copy of which amended complaint is attached hereto as Exhibit “A.”

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Defendants stipulate that Plaintiff may file the First Amended Complaint and that

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Defendants shall not be required to file an answer to the First Amended Complaint, their

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Answer filed April 22, 2014, as Document 4 is accepted as responsive to the First Amended

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Complaint.

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It is so stipulated.
STIPULATION AND ORDER TO ALLOW FILING OF AMENDED COMPLAINT

2:14-CV-752 TLN-CMK

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SINGLETON LAW GROUP

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/s/ Jason K. Singleton
Jason K. Singleton, Attorney for Plaintiff,
MARSHALL LOSKOT

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REESE, SMALLEY, WISEMAN & SCHWEITZER, LLP

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Dated: October 27, 2014

Dated: October 27, 2014

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/s/ Victor R. Richardson
Victor R. Richardson, Attorneys for Defendants,
ROBERTO DE LA TORRE, dba TAQUERIA LOS
GORDOS, CHARLES H. MARX and MARY
MARLENE MARX, Trustees of the MARX FAMILY
2012 TRUST

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ORDER
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The Court, based upon the foregoing Stipulation, hereby orders as follows:
1.

Plaintiff may file a First Amended Complaint adding the additional barriers

discovered as a result of a site inspection.
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Defendants shall not be required to file an answer to the First Amended Complaint,

their Answer filed April 22, 2014, as Document 4 is accepted as responsive to the First Amended
Complaint.

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IT IS SO ORDERED.

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Dated: November 5, 2014

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO ALLOW FILING OF AMENDED COMPLAINT

2:14-CV-752 TLN-CMK

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