Stockman v. Emu Properties, LLC ( 2020 )

ALLACCESS LAW GROUP 1 Irene Karbelashvili, State Bar Number 232223 2 irene@allaccesslawgroup.com Irakli Karbelashvili, State Bar Number 302971 3 irakli@allaccesslawgroup.com 1400 Coleman Ave Ste F28 4 Santa Clara, CA 95050 Telephone: (408) 295-0137 5 Fax: (408) 295-0142 6 Attorneys for JAMES STOCKMAN, Plaintiff 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 ) Case No. 2:19−cv−01778−MCE−DB JAMES STOCKMAN, 13 ) Plaintiff, ) ORDER GRANTING PLAINTIFF’S 14 ) MOTION FOR LEAVE TO FILE vs. ) FIRST AMENDED COMPLAINT 15 ) . EMU PROPERTIES, LLC , ET AL. , ) 16 ) 17 Defendants. ) ) 18 ) ) 19 ) ) 20 ) 21 ) 22 23 24 25 26 27 1 Plaintiff seeks leave to file a first amended complaint to include additional architectural 2 barriers that he claims preclude access to Defendants’ premises in violation of the Americans 3 with Disabilities Act and parallel California law. For the reasons set forth below, Plaintiff’s 4 unopposed motion for leave to amend is GRANTED. 5 Generally, a motion to amend is subject to Rule 15(a) of the Federal Rules of Civil 6 Procedure,2 which provides that "[t]he court should freely give leave [to amend] when justice so 7 requires." Fed. R. Civ. P. 15(a)(2). However, "[o]nce the district court ha[s] filed a pretrial 8 scheduling order pursuant to Federal Rule of Civil Procedure 16[,] which establishe[s] a 9 timetable for amending pleadings[,] that rule's standards control[ ]." Johnson v. Mammoth 10 Recreations, Inc., 975 F.2d 604, 607-08 (9th Cir. 1992); see In re W. States Wholesale Natural 11 Gas Antitrust Litig., 715 F.3d 716, 737 (9th Cir. 2013). Rule 16(b) requires a party seeking leave 12 to amend to demonstrate "good cause." Fed. R. Civ. P. 16(b). "Rule 16(b)'s 'good cause' standard 13 primarily considers the diligence of the party seeking amendment." Johnson, 975 F.2d at 609. "If 14 that party was not diligent, the inquiry should end." Id. Although "the focus of the inquiry is 15 upon the moving party's reasons for seeking modification," a court may make its determination 16 by noting the prejudice to other parties. Id. 17 If good cause is found, the court must then evaluate the request to amend in light of Rule 18 15(a)'s liberal standard. Id. at 608. Leave to amend should be granted unless amendment: (1) 19 would cause prejudice to the opposing party, (2) is sought in bad faith, (3) creates undue delay, 20 [*3] (4) or is futile. Chudacoff v. Univ. Med. Ctr. of S. Nev., 649 F.3d 1143, 1153 (9th Cir. 2011) 21 (citing Foman v. Davis, 371 U.S. 178, 182, 83 S. Ct. 227, 9 L. Ed. 2d 222 (1962)). "Because 22 Rule 16(b)'s 'good cause' inquiry essentially incorporates the first three factors, if a court finds 23 that good cause exists, it should then deny a motion for leave to amend only if such amendment 24 would be futile." Baisa v. Indymac Fed. Reserve, No. 2:09-CV-01464-WBS-JFM, 2010 U.S. 25 Dist. LEXIS 63025, 2010 WL 2348736, at *1 (E.D. Cal. June 7, 2010). 26 27 ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE FIRST AMENDED wOAOe UV VEE POUNIYS ED tw POO Ee OY VV VI 1 Given that Plaintiff was not aware of the full extent of the accessibility barriers at the 2 || subject premises when he filed this lawsuit, and Plaintiff promptly moved to amend after 3 || discovering these barriers, good cause exists. Furthermore, in light of the fact this case is still in 4 |{its early stages, Defendants are not unduly prejudiced by the amendment. Significantly, too, 5 || Defendants have filed no opposition to Plaintiff's Motion. 6 Given all the foregoing, Plaintiff's Motion to Amend (ECF No. 13) is GRANTED. 7 || Plaintiff shall file his First Amended Complaint as a separate docket entry within ten (10) days o 8 date this Order is electronically filed. ? IT IS SO ORDERED. 10 || Dated: June 16, 2020 11 12 MORRISON C. whe G . B UNITED STATES DISTRI 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT Case No. 2:19-CV—01778-MCE-DB