Martin v. Hilton Sacramento Arden West, 2:14-cv-00360-GEB-AC. (2014)
Court: District Court, E.D. California
Number: infdco20140724964
Visitors: 5
Filed: Jul. 22, 2014
Latest Update: Jul. 22, 2014
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DEADLINE FOR AMENDED COMPLAINT FROM AUGUST 25, 2014, TO OCTOBER 10, 2014 GARLAND E. BURRELL, Jr., District Judge. STIPULATION Plaintiffs Odis Martin and Loretha Martin ("Plaintiffs") and defendants WHGCA LLC and HILTON WORLDWIDE, INC. ("Defendants") — Plaintiffs and Defendants together the "Parties" — hereby stipulate and request the Court extend the deadline for plaintiffs to file a First Amended Complaint pursuant to Oliver v. Ralphs Groce
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DEADLINE FOR AMENDED COMPLAINT FROM AUGUST 25, 2014, TO OCTOBER 10, 2014 GARLAND E. BURRELL, Jr., District Judge. STIPULATION Plaintiffs Odis Martin and Loretha Martin ("Plaintiffs") and defendants WHGCA LLC and HILTON WORLDWIDE, INC. ("Defendants") — Plaintiffs and Defendants together the "Parties" — hereby stipulate and request the Court extend the deadline for plaintiffs to file a First Amended Complaint pursuant to Oliver v. Ralphs Grocer..
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STIPULATION AND [PROPOSED] ORDER TO EXTEND FILING DEADLINE FOR AMENDED COMPLAINT FROM AUGUST 25, 2014, TO OCTOBER 10, 2014
GARLAND E. BURRELL, Jr., District Judge.
STIPULATION
Plaintiffs Odis Martin and Loretha Martin ("Plaintiffs") and defendants WHGCA LLC and HILTON WORLDWIDE, INC. ("Defendants") — Plaintiffs and Defendants together the "Parties" — hereby stipulate and request the Court extend the deadline for plaintiffs to file a First Amended Complaint pursuant to Oliver v. Ralphs Grocery Co., 654 F.3d 903 (9th Cir. 2011) for the following reasons:
1. The Parties have worked together to schedule a FRCP 34 inspection. However, Defendants represent that the room that Plaintiffs encountered has been rented for over three weeks to another hotel guest. It is not available for inspection until August 6, 2014.
2. The Parties disagree about the required scope of the inspection, but have agreed to set aside the disagreement to schedule the first inspection date on August 6, 2014, the earliest date the room in question is available. If additional barriers are discovered on the first inspection day, the Parties have agreed to schedule an additional inspection day. In order to litigate efficiently and minimize costs, all barriers pursuant to Oliver must be identified before Plaintiffs file their First Amended Complaint ("FAC").
3. The Court ordered Plaintiffs to file their FAC on or before August 25, 2014. Docket No. 16.
4. The Parties want to avoid needless and expensive motion practice to compel the inspection and allow time for preparation of Plaintiffs' expert's inspection report identifying all access barriers at the subject premises before the Court-ordered deadline, or alternatively to file a motion for leave to file a second amended complaint after the deadline if new barriers are discovered on a second day of inspection, if necessary.
The Parties therefore stipulate and request the Court order the deadline for plaintiffs to file their FAC from August 25, 2014, to October 10, 2014, to prevent needless motion practice.
ORDER
For the reasons set forth above, the Court extends to October 10, 2014 Plaintiffs' time to file a motion in which leave is sought under Federal Rule of Civil Procedure 15(a) to file the an amendment pursuant to Oliver v. Ralphs Grocery Co., 654 F.3d 903 (9th Cir. 2011), after which time no further service, joinder of parties, or amendments to the pleadings is permitted, except with leave of the Court for good cause shown.
IT IS SO ORDERED.
Source: Leagle
