Hernandez v. Taqueria El Grullense et al

Filing 55

ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT by Judge William Alsup [granting 53 Motion for Leave to File]. (whasec, COURT STAFF) (Filed on 3/19/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 GERARDO HERNANDEZ, 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 Plaintiff, No. C 12-03257 WHA v. TAQUERIA EL GRULLENSE; JUAN FRANCISCO GAMEZ GARCIA dba TAQUERIA EL GRULLENSE; OSCAR PANG CHENG LIU and CHU CHING LIU as Trustees of the OSCAR PANG CHENG LIU and CHU CHING LIU TRUST; and DOES 1–10, inclusive, ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Defendants. 18 / 19 On February 28, 2013, plaintiff Gerardo Hernandez filed a motion for leave to file a 20 second amended complaint. The motion was made on the last permissible date to seek leave 21 to amend set by the case management order (Dkt. No. 43). The proposed pleading makes two 22 changes: (1) it adds one paragraph referencing Exhibit A, and (2) it adds Exhibit A, which is an 23 inventory of barriers found in defendants’ parking lot, entrance, transaction counter, dining area, 24 and restrooms that allegedly limit access to people who are disabled. 25 Plaintiff amends the complaint to include Exhibit A because, citing Oliver v. Ralphs 26 Grocery Co., 654 F.3d 903, 909 (9th Cir. 2011), “for purposes of Rule 8, a plaintiff must identify 27 the barriers that constitute the grounds for a claim of discrimination under the ADA in the 28 complaint itself” and not solely in the expert report. Exhibit A was the result of a joint site 1 inspection conducted by the parties in November 2012 and is an excerpt from plaintiff’s access 2 consultant report dated February 4, 2013. Plaintiff asserts that he requested defendants to 3 stipulate to the second amended complaint, but because defendants refuse to do so, plaintiff 4 filed the present motion for leave. 5 Defendants’ opposition or statement of non-opposition to the motion was due on 6 March 14. That date has come and gone, and no response has been received. Accordingly, and 7 for good cause shown, plaintiff’s motion for leave to file a second amended complaint is 8 GRANTED. Plaintiff must file the amended pleading by MARCH 20. The hearing scheduled for 9 April 4 is VACATED. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 13 Dated: March 19, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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