Moralez v. Whole Foods Market, Inc.

Filing 50

ORDER GRANTING REQUEST FOR ADDITIONAL TIME TO FILE FIRST AMENDED COMPLAINT re 49 Statement filed by Francisca Moralez. Signed by Judge Edward M. Chen on 1/5/16. (bpf, COURT STAFF) (Filed on 1/5/2016)

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Russell S. Humphrey (SBN 208744)
Humphrey Law Group
1420 S. Mills Avenue, Suite H
Lodi, CA 95242
TELEPHONE [phone]
FACSIMILE [phone]
E-MAIL: [e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,
Plaintiff,

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vs.

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WHOLE FOODS MARKET CALIFORNIA

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INC.,

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Defendant.

)
) 3:14-cv-5022-ECM
)
)
) PLAINTIFF’S REQUEST FOR
) ADDITIONAL TIME TO FILE
) AMENDED COMPLAINT
) ORDER
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)

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INTRODUCTION

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This is a civil rights matter for damages and injunctive
relief for an incident that occurred at Defendant.

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3:14-cv-5022
PLAINTIFFS’ REQUEST

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The complaint was filed on November 13, 2014.

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amended complaint was filed on March 20, 20151.

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The first

amended complaint was filed on June 26, 2015.

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The second

Defendant filed a Federal Rule of Civil Procedure 12(b)(6)
motion to dismiss on July 21, 2015.

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On December 9, 2015 the Honorable Edward M. Chen granted

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Plaintiff’s motion to dismiss without prejudice.

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The detailed and well-written decision clearly laid out the

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(Dkt. 47).

court’s decision as to each and every cause of action.

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On December 10,2015 the parties participated in a Status

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Conference before the Honorable Edward M. Chen.

During the

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hearing Judge Chen asked Plaintiff’s counsel whether or not his

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client wished to proceed with filing an amended complaint

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consistent with the court’s ruling from December 9, 2015.

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At

that time Plaintiff’s counsel indicated he did not know how

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Plaintiff wished to proceed
Shortly after the court appearance, counsel for Plaintiff

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exchanged emails on the issues discussed in the court’s ruling.

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However, at no point during the email exchange did Plaintiff and

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her counsel make a final decision on how to proceed.
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The complaint erroneously named a defendant with a similar name
but not the desired and current defendant. Defendant’s counsel
notified plaintiff’s counsel of the error and plaintiff
immediately corrected the error and filed the first amended
complaint.

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PLAINTIFFS’ REQUEST

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On December 17, 2015 Plaintiff became violently ill.

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According to Plaintiff, on that day she became violently ill and

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suffered from a migraine headache, body aches and pain and

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fever.

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Plaintiff suffered from nausea.

Initially, Plaintiff

was very ill but she could engage in low-level daily functions.

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When Plaintiff’s condition did not improve over time she was

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taken to the hospital on December 22, 2015.

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physician prescribed antibiotics and supplements to assist her

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immune system.

Plaintiff’s

However, the medicine did not work.

In fact,

Plaintiff became even more ill after taking the prescribed

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medication.
Beginning on December 22, 2015 Plaintiff was bedridden and

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unable to engage in any daily functions except the most basic.

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Plaintiff was bedridden for 5 days.

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Plaintiff reports she did

not get out of bed until December 27, 2015.

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Because of Plaintiff’s illness she has not met and

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conferred with counsel in two weeks.

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to any of counsel’s emails over the last several weeks.

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Plaintiff finally responded to counsel within the last two days.

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Plaintiff did not respond

Plaintiff immediately reported to counsel she violently ill and
was not in a position to respond to the emails.
Because of Plaintiff’s illness Plaintiff and counsel have

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not had adequate time to discuss the issues and determine an

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PLAINTIFFS’ REQUEST

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appropriate way to proceed.

According to Plaintiff because of

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her illness she has not had enough time to meet and confer with

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counsel to make an informed decision as to how to proceed.

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Counsel agrees.

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Plaintiff understands this case is old and needs to be

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moved forward.

However, Plaintiff also believes Defendant would

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not suffer any prejudice with an additional two week extension.

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On the other hand, Plaintiff would be severely prejudiced should

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the court not allow her adequate time to meet and confer with
counsel.

Additionally, Plaintiff’s request is through no fault

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of her own.
Plaintiff requests an additional 2 weeks for her to

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respond.

Plaintiff requests the new date for the filing of an

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amended complaint be extended to January 13, 2016.

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CONCLUSION

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Based on the foregoing Plaintiff respectfully requests the
court grant her request.

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DATED: December 30, 2015

HUMPHREY LAW GROUP

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__/s/Russell S. Humphrey_____
By: Russell S. Humphrey
Attorney for Plaintiff

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DECLARATION OF ATTORNEY RUSSELL S. HUMPHREY

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I RUSSELL S. HUMPHREY declare as follows:

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1. I am an attorney duly licensed to practice law in the

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highest court in the state of California and the United

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States District Court Northern District of California.

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2. I am the attorney for Plaintiff Francisca Moralez in the
case of Moralez v. Whole Foods, 3:14-cv-5022-EMC.

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3. On December 9, 2015 the Honorable Edward M. Chen granted

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Defendant’s motion to dismiss without prejudice.

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47).

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every cause of action.

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(Dkt.

The court’s decision was detailed as to each and

4. On December 10, 2015 the parties appeared before Judge Chen
for a Settlement Conference.

At the conference Judge

Chen asked me whether Ms. Moralez planned on filing an
amended complaint consistent with the court’s decision.

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I responded although I read the court’s decision I had

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not spoken with Plaintiff concerning it’s content and how

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she would like to proceed.

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5. Shortly after the court appearance on December 10, 2015, I
exchanged emails with Plaintiff on the issues discussed

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in the court’s ruling.

However, at no point during the

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email exchange did Plaintiff and I make any decisions on

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how to proceed.

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6. On December 17, 2015 Plaintiff became violently ill.
Plaintiff reported to me that on that day she became

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violently ill and suffered from a migraine headache, body

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aches and pain and fever.

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nausea.

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engage in low-level daily functions.

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Plaintiff suffered from

Initially, Plaintiff was very ill but she could
When Plaintiff’s

condition did not improve over time she was taken to the

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hospital on December 22, 2015.

Plaintiff’s physician

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prescribed antibiotics and supplements to assist her

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immune system.

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fact, Plaintiff became even more ill after taking the

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However, the medicine did not work.

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prescribed medication.
7. Plaintiff further reported to me that beginning on December
22, 2015 Plaintiff was bedridden and unable to engage in
any daily functions except the most basic. Plaintiff was

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PLAINTIFFS’ REQUEST

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bedridden for 5 days.

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out of bed until December 27, 2015.

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Plaintiff reported she did not get

8. Because of Plaintiff’s illness she did not met and

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conferred with me for two weeks.

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Plaintiff did not

respond to any of my emails over the last several weeks.

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Plaintiff finally responded to my emails within the last

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two days.

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violently ill and was not in a position to respond to the

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Plaintiff immediately reported to me she

emails.
9. Because of Plaintiff’s illness, and through no fault of her

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won, Plaintiff and I have not had adequate time to

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discuss the issues and determine an appropriate way to

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proceed.

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According to Plaintiff because of her illness she has not
had enough time to meet and confer with counsel to make

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an informed decision as to how to proceed.

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Plaintiff would be irreparably harmed if the court denies
her request.

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I declare the foregoing is true and correct to the best of my
knowledge under penalty of perjury.

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3:14-cv-5022
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/s/ Russell S. Humphrey

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Russell S. Humphrey
Attorney for Defendant

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R NIA

S

Judge E

A

H

ER

FO

RT

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. Chen

dward M

NO

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O ORD
IT IS S

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IT IS SO ORDERED:
___________________ ISTRIC
SD
TC
TE
Edward M. Chen TA
U.S. District Judge
ERED
UNIT
ED

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N

F
D IS T IC T O
R

C

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