Filed: Feb. 04, 2014
Latest Update: Feb. 04, 2014
Summary: STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER THEREON GARY S. AUSTIN, Magistrate Judge. WHEREAS, Plaintiff Ronald Moore ("Plaintiff") seeks to amend his complaint to allege additional barriers relating to his disability which were identified at the site inspection of the subject property conducted on December 3, 2013, as permitted by Chapman v. Pier 1 Imports (U.S.), Inc., 631 F.3d 939 , 944 (9th Cir. 2011), and required by Oliver v. Ralphs Grocery Co., 654
Summary: STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER THEREON GARY S. AUSTIN, Magistrate Judge. WHEREAS, Plaintiff Ronald Moore ("Plaintiff") seeks to amend his complaint to allege additional barriers relating to his disability which were identified at the site inspection of the subject property conducted on December 3, 2013, as permitted by Chapman v. Pier 1 Imports (U.S.), Inc., 631 F.3d 939 , 944 (9th Cir. 2011), and required by Oliver v. Ralphs Grocery Co., 654 F..
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STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER THEREON
GARY S. AUSTIN, Magistrate Judge.
WHEREAS, Plaintiff Ronald Moore ("Plaintiff") seeks to amend his complaint to allege additional barriers relating to his disability which were identified at the site inspection of the subject property conducted on December 3, 2013, as permitted by Chapman v. Pier 1 Imports (U.S.), Inc., 631 F.3d 939, 944 (9th Cir. 2011), and required by Oliver v. Ralphs Grocery Co., 654 F.3d 903, 909 (9th Cir. 2011);
WHEREAS, Plaintiff has not unduly delayed the amendment, does not bring it in bad faith, the amendment is not futile, and such amendment does not prejudice Defendants, Randall T. Shannon, Trustee of the Shannon Family Trust, dated June 8, 1999; Judith Ann Shannon, Trustee of the Shannon Family Trust, dated June 8, 1999; and Antonio Gonzalez (collectively "Defendants"), nor does the amendment in any way change the nature of the action;
WHEREAS, the amendment will not modify any date or deadline fixed by the Court's Scheduling Conference Order dated December 19, 2013 (ECF No. 17) pursuant to Fed. R. Civ. P. 16(b)(4);
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Defendants, the parties hereto, through their respective attorneys of record, that Plaintiff may file a First Amended Complaint, a copy of which is attached hereto as Exhibit "A."
IT IS FURTHER STIPULATED that Plaintiff will file his First Amended Complaint within five (5) calendar days of the Court's Order permitting such filing, and that Defendants' response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed.
ORDER
The Parties having so stipulated and good cause appearing,
IT IS HEREBY ORDERED that Plaintiff shall file his First Amended Complaint, a copy of which was filed with the Parties' stipulation, within five (5) calendar days of the date this Order is filed.
IT IS FURTHER ORDERED that Defendants' response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed.
IT IS SO ORDERED.
