Vallabhapurapu et al v. Burger King Corporation

Filing 225

ORDER GRANTING MOTION FOR LEAVE TO AMEND COMPLAINT by Hon. William Alsup granting 219 Motion to Amend/Correct ; plaintiff is required to E-FILE the amended document.(whalc2, COURT STAFF) (Filed on 7/2/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MOHAN VALLABHAPURAPU, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,

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No. C 11-00667 WHA

v.

ORDER GRANTING
MOTION FOR LEAVE
TO AMEND COMPLAINT

BURGER KING CORPORATION,
Defendant.
/

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Plaintiffs move for an order permitting them to amend their complaint, for settlement

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purposes only, and to file their first amended complaint, appended to the instant motion. The

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requested amendment adds as named plaintiffs the following persons: Katherine Adams, Laurie

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Ball, Lynda Bowman, Theresa Brown-Gaulitz, Jamie Coleman, Sheila Flaherty, Lisa Lothridge,

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Diane Mackie, Pia Parker, Coleen Rairdon-Brainard, Geri Samuel, William Sheehan, Barry

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Smith, David Thomas, and John Whited. This amendment is requested to effectuate a settlement

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reached by the parties. The requested amendment is necessary in order to have a named plaintiff

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who has visited each BKL restaurant at issue.

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The motion states that “an attorney has interviewed each of the proposed new plaintiffs to

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confirm he or she visited the relevant restaurants using a wheelchair or scooter after October

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2006, and encountered architectural barriers that impeded his or her access” and has explained to

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each named plaintiff his or her role and responsibilities as a named plaintiff in the class (Br. 3).

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Defendant BKC does not oppose the motion. Thus, the motion is GRANTED. Plaintiffs
must file their amended complaint by 5 P.M. ON JULY 2, 2012.

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IT IS SO ORDERED.

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Dated: July 2, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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