Opinion
Tanya E. Moore, SBN 206683, MOORE LAW FIRM, P.C., San Jose, California, Attorneys for Plaintiff, Carl Casperson.
DOWNEY BRAND LLP Janlynn R. Fleener Elizabeth B. Stallard, Attorneys for Defendant, The Golden 1 Credit Union.
LAW OFFICES OF MATTHEW V. BRADY, Matthew V. Brady, Attorney for Defendants, Koraf Corporation, Douglas Knutsen, and Phyllis, Knutsen aka Phyllis Tokerud.
STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER
JOHN A. MENDEZ, District Judge.
WHEREAS, Plaintiff Carl Casperson ("Plaintiff") seeks to amend his complaint to allege additional barriers relating to his disability which were identified by Plaintiff's consultant at the site inspection of the subject property conducted on June 28, 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, The Golden 1 Credit Union, a California Corporation; Koraf Corporation, a California Corporation; Douglas Knutsen; and Phyllis Knutsen aka Phyllis Tokerud (collectively "Defendants"), nor does the amendment in any way change the nature of the action;
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." Although Defendants are hereby stipulating to the filing of the First Amended Complaint, Defendants do not concede that the alleged barriers identified in the First Amended Complaint exist or form a basis for Plaintiff to obtain relief in this action.
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.
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 Defendants' response thereto shall be filed within fourteen (14) days after the First Amended Complaint is filed.
IT IS SO ORDERED.