Opinion
PAUL L. REIN, ESQ., CELIA MCGUINNESS, ESQ., CATHERINE CABALO, ESQ., LAW OFFICES OF PAUL L. REIN, Oakland, CA, Attorneys for Plaintiff, ODIS MARTIN and LORETHA MARTIN.
GARY R. BASHAM, ESQ., BASHAM LAW GROUP, Sacramento, California, Attorneys for Defendants, WHGCA LLC and HILTON WORLDWIDE, INC.
STIPULATION AND [PROPOSED] ORDER TO FILE FIRST AMENDED COMPLAINT TO REFLECT NOTICE PLEADING REQUIREMENTS
GARLAND E. BURRELL, Jr., Senior 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 allow Plaintiffs to file a First Amended Complaint pursuant to Oliver v. Ralphs Grocery Co., 654 F.3d 903 (9th Cir. 2011). The Parties stipulate for the following reasons:
1. The Parties completed the Federal Rule of Civil Procedure ("FRCP") 34 inspection of the subject premises on November 25, 2014.
2. FRCP Rule 8 requires that Plaintiffs give Defendants adequate notice of access barriers, pursuant to Oliver v. Ralphs Grocery Co., 654 F.3d 903, 909 (9th Cir. 2011).
3. The Parties desire to minimize litigation and attempt to facilitate resolution of Plaintiff's claims as to all parties.
The Parties therefore stipulate and request that the Court allow Plaintiffs to file a First Amended Complaint which will be identical to the existing complaint except that a new paragraph 9 will incorporate pleading notice to Defendants of access barriers. The Parties jointly stipulate and request that the Court order the attached First Amended Complaint to be filed and allow Defendants 30 days from the date the First Amended Complaint is filed to file an Answer to the First Amended Complaint.
ORDER
The referenced First Amended Complaint shall be filed with the Court no later than two days after this order is filed and defendants have 30 days from the filing date of the First Amended Complaint to file an Answer to the First Amended Complaint.