Taylor v. Barnes and Noble Booksellers Inc et al

Filing 31

ORDER FOR LEAVE OF COURT TO FILE FIRST AMENDED COMPLAINT re #30 Stipulation filed by Rolanda Taylor. Signed by Judge James Larson on 1/13/10. (jlsec, COURT STAFF) (Filed on 1/14/2010)

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P A U L L. REIN, Esq. (SBN 43053) C E L IA McGUINNESS, Esq. (SBN 159420) C A T H E R IN E M. CABALO, Esq. (SBN 248198) L A W OFFICES OF PAUL L. REIN 2 0 0 Lakeside Drive, Suite A O a k la n d , CA 94612 T e le p h o n e : 5 1 0 /8 3 2 - 5 0 0 1 F a cs im ile : 5 1 0 /8 3 2 -4 7 8 7 r e in la w o f f ic e @ a o l.c o m B R IA N GEARINGER, Esq. (SBN 146125) G E A R IN G E R LAW GROUP 8 2 5 Van Ness Ave., 4 th Floor S a n Francisco, CA 94109-7891 T e le p h o n e : 4 1 5 /4 4 0 - 3 1 7 5 F a cs im ile : 4 1 5 /4 4 0 -3 1 0 3 b r ia n @ g e a r in g e r la w .c o m A tto r n e y s for Plaintiff R O L A N D A TAYLOR IN THE UNITED STATES DISTRICT COURT I N AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

R O L A N D A TAYLOR, P la in tif f, v. B A R N E S AND NOBLE B O O K S E L L E R S , INC.; S T A R B U C K S CORPORATION; C IT Y OF OAKLAND; AND DOES 1 -1 0 , INCLUSIVE, D e f e n d a n ts . /

C A S E NO. C09-4490 JL C iv il Rights S T I P U L A T I O N AND [P R O P O S E D ] ORDER FOR L E A V E OF COURT TO FILE F I R S T AMENDED COMPLAINT P u r s u a n t to FRCP Rule 15 (a)(2)

P la in tiff ROLANDA TAYLOR filed her Complaint September 23, 2 0 0 9 , naming as defendants BARNES AND NOBLE BOOKSELLERS, INC.; S T A R B U C K S CORPORATION; CITY OF OAKLAND; and DOES 1-10, IN C L U S IV E , based on information obtained from public records and Westlaw d a ta b a s e s . Defendants BARNES AND NOBLE BOOKSELLERS, INC. and S T A R B U C K S CORPORATION were subsequently served with the Complaint,
STIPULATION AND [PROPOSED ORDER] FOR LEAVE OF COURT TO FILE FIRST AMENDED COMPLAINT CA SE NO. C09-4490 JL

200 L A K E S I D E D R ., S U I T E A O A K L A N D , C A 94612-3503 [phone]

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a n d on November 2, 2009, defense counsel for BARNES AND NOBLE B O O K S E L L E R S , INC. and STARBUCKS CORPORATION filed an Answer on th e ir behalf. Defendant CITY OF OAKLAND was served with the Complaint b u t has yet to file an Answer to the Complaint. In correspondence dated October 5, 2009, counsel for defendant S T A R B U C K S CORPORATION first advised plaintiff's counsel that S T A R B U C K S CORPORATION does not own, operate, or control the café that is th e subject of this lawsuit (hereinafter the "Café"). Counsel further corresponded o n this issue in written correspondence and via telephone. In correspondence dated October 16, 2009, counsel for defendant C IT Y OF OAKLAND first advised plaintiff's counsel that the property that is the s u b je c t of plaintiff's Complaint falls within the jurisdiction of the Port of O ak la n d , which operates as an entity separate from defendant CITY OF O A K L A N D . Counsel further corresponded on this issue in written c o rre sp o n d e n c e and via telephone. I n a November 3, 2009 email thread to plaintiff's counsel's office, c o u n s e l for the Port of Oakland confirmed that the CITY OF OAKLAND A C T IN G BY AND THROUGH ITS BOARD OF PORT COMMISSIONERS is th e governmental agency with title interest to the property at issue in this lawsuit. I n this November 3, 2009 email thread, counsel for the Port of Oakland also c o n f irm e d that the Port of Oakland has a lease for the subject property with an e n tity named "CEP-JLS I LLC." Counsel for the Port of Oakland subsequently fo rw ard e d plaintiff's counsel a copy of the lease for the subject property. The le a s e identifies "CITY OF OAKLAND ACTING BY AND THROUGH ITS B O A R D OF PORT COMMISSIONERS " as the named party to the lease with C E P -J L S I LLC. U p o n information and belief, defendant BARNES AND NOBLE B O O K S E L L E R S , INC. has its lease for the retail space that is at issue in this case
STIPULATION AND [PROPOSED ORDER] FOR LEAVE OF COURT TO FILE FIRST AMENDED COMPLAINT CA SE NO. C09-4490 JL

200 L A K E S I D E D R ., S U I T E A O A K L A N D , C A 94612-3503 [phone]

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w ith CEP-JLS I LLC. D e fe n d a n t STARBUCKS CORPORATION has provided s a tis fa c to ry evidence that it has nothing to do with the ownership or operation of th e Café beyond its provision of products and that it has nothing to do with the m a in te n a n c e or repair of the lift at issue in this lawsuit. In order to facilitate resolution of plaintiff's claims, and in the in te re s ts of justice, plaintiff believes it is necessary that the following a m e n d m e n ts are made to the Complaint: (1) all claims against defendant S T A R B U C K S CORPORATION be dismissed with prejudice; (2) the appropriate e n tity at issue in this case, CITY OF OAKLAND, A MUNICIPAL C O R P O R A T IO N ACTING BY AND THROUGH ITS BOARD OF PORT C O M M IS S IO N E R S , be substituted for CITY OF OAKLAND as a defendant in th is action; and (3) the master lease holder for the property at issue in this case, C E P -J L S I LLC be named as a defendant in this action. P la in tiff has prepared a First Amended Complaint making the c h a n g e s noted above. These changes are the only amendments to the Complaint, a n d the First Amended Complaint otherwise remains unchanged from the o r ig in a l. P la in tiff seeks leave of the Court to amend the Complaint pursuant to F R C P 15 (a)(2), with the agreement of defendants BARNES AND NOBLE B O O K S E L L E R S , INC. and STARBUCKS CORPORATION, who have already a n s w e re d as parties to this action, and also with the agreement of defendant CITY O F OAKLAND, who has not yet answered the Complaint in this matter. T h e re fo r e, IT IS HEREBY STIPULATED by and between that p la in tiff, BARNES AND NOBLE BOOKSELLERS, INC., STARBUCKS C O R P O R A T IO N , and CITY OF OAKLAND, the only parties to have appeared in this action thus far, that plaintiff may seek leave of the court to file a First A m e n d e d Complaint, a copy of which is attached hereto as Exhibit A.
STIPULATION AND [PROPOSED ORDER] FOR LEAVE OF COURT TO FILE FIRST AMENDED COMPLAINT CA SE NO. C09-4490 JL

200 L A K E S I D E D R ., S U I T E A O A K L A N D , C A 94612-3503 [phone]

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F u r th e r m o r e , defendants STIPULATE that they will not, in future p ro c e e d in g s , allege that STARBUCKS CORPORATION is responsible for any of th e actions alleged by plaintiff and/or claim that any of plaintiff's claims should b e dismissed because plaintiff has dismissed STARBUCKS CORPORATION fro m this lawsuit.

D a te d : January 11, 2010

L A W OFFICES OF PAUL L. REIN G E A R IN G E R LAW GROUP

/s/ Paul L. Rein B y PAUL L. REIN A tto r n e y s for Plaintiff R O L A N D A TAYLOR

D ate d : January 8, 2010

E IS E N B E R G RAIZMAN THURSTON & W O N G LLP A s to pages and line numbers 3:24-4:5 only /s/ David H. Raizman B y David H. Raizman, Esq. A tto rn e y s for Defendants B A R N E S AND NOBLE BOOKSELLERS, IN C . and STARBUCKS CORPORATION

D a te d : January 11, 2010

O A K L A N D CITY ATTORNEY'S O F F IC E /s/ Stephen Q. Rowell B y Stephen Q. Rowell, Esq. A tto rn e y s for Defendant C IT Y OF OAKLAND

200 L A K E S I D E D R ., S U I T E A O A K L A N D , C A 94612-3503 [phone]

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STIPULATION AND [PROPOSED ORDER] FOR LEAVE OF COURT TO FILE FIRST AMENDED COMPLAINT CA SE NO. C09-4490 JL

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ORDER

P u rs u a n t to stipulation, and for good cause shown, IT IS SO O R D E R E D . The attached First Amended Complaint is ordered to be filed.

D a te d : January 13 2010 __, __________________________ H O N . JAMES LARSON U .S . MAGISTRATE JUDGE

200 L A K E S I D E D R ., S U I T E A O A K L A N D , C A 94612-3503 [phone]

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