Opinion
Tanya E. Moore, MOORE LAW FIRM, P.C. San Jose, California Attorney for Plaintiff Lawrence Green
WALTER & WILHELM LAW GROUP, a Professional Corporation Mary Lerner Attorneys for Defendant, California Pride, Inc., dba Cedar & Ashlan Buggy Clean
STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER
JOHN A. MENDEZ, District Judge.
WHEREAS, Plaintiff, Lawrence Green ("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 May 8, 2015, 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 Defendant, California Pride, Inc., dba Cedar & Ashlan Buggy Clean ("Defendant, " and together with Plaintiff, the "Parties"), 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 First Amended Status (Pre-trial Scheduling) Order dated August 10, 2015 (Dkt. 19) pursuant to Fed.R.Civ.P. 16(b)(4);
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, 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 Defendant's response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed.
IT IS SO STIPULATED.
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 Defendant's response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed.
IT IS SO ORDERED.