Trujillo v. H&S LBSE Inc ( 2021 )

1 TMaOnOyRa EE L. MAWo oFrIeR,M S,B PN.C 2. 06683 2 300 South First Street, Suite 342 San Jose, California 95113 3 Telephone (408) 298-2000 Facsimile (408) 298-6046 4 E-mail: service@moorelawfirm.com 5 Attorney for Plaintiff Jose Trujillo 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE TRUJILLO, ) No. 1:21-cv-00058-NONE-BAM ) 12 Plaintiff, ) STIPULATION GRANTING PLAINTIFF ) LEAVE TO FILE FIRST AMENDED 13 vs. ) ) COMPLAINT; ORDER 14 H&S LBSE INC dba 7-ELEVEN #22736G, ) et al., ) 15 ) ) 16 Defendants. ) ) 17 ) 18 WHEREAS, Plaintiff, Jose Trujillo (“Plaintiff”), seeks to amend his complaint to allege 19 additional access barriers which relate to his disability which were identified during the 20 pendency of this action; 21 WHEREAS, the Ninth Circuit both urges and requires Plaintiff to identify in his 22 complaint all barriers identified which relate to his disability. Chapman v. Pier 1 Imports (U.S.) 23 Inc., 631 F.3d 939, 944 (9th Cir. 2011); Oliver v. Ralphs Grocery Co., 654 F.3d 903, 909 (9th 24 Cir. 2011); 25 WHEREAS, the Parties have not commenced discovery, other than the inspection of the 26 subject property by Plaintiff; 27 WHEREAS, Plaintiff has not unduly delayed the amendment, does not bring it in bad 28 faith, the amendment is not futile, and such amendment does not prejudice defendants H&S STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; 1 LBSE Inc dba 7-Eleven #22736G and 7-Eleven, Inc. (“Defendants”), nor does the amendment 2 in any way change the nature of the action; 3 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and 4 Defendants, through their respective attorneys of record, that Plaintiff may file a First Amended 5 Complaint, a copy of which is attached hereto as Exhibit “A.” 6 IT IS FURTHER STIPULATED that Plaintiff file his First Amended Complaint within 7 five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’ responses 8 thereto shall be due as required by the Federal Rules of Civil Procedure. 9 10 IT IS SO STIPULATED. 11 Dated: June 25, 2021 MOORE LAW FIRM, P.C. 12 /s/ Tanya E. Moore 13 Tanya E. Moore Attorney for Plaintiff, 14 Jose Trujillo 15 16 Dated: June 25, 2021 CALL & JENSEN A Professional Corporation 17 18 /s/ Michael S. Orr 19 Julie R. Trotter Michael S. Orr 20 Attorneys for Defendants, H&S LBSE Inc dba 7-Eleven #22736G 21 and 7-Eleven. Inc. 22 23 24 25 26 27 28 STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; 1 ORDER 2 The Parties having so stipulated and good cause appearing, 3 IT IS HEREBY ORDERED that Plaintiff may file his First Amended Complaint, a 4 copy of which was filed with the Parties’ stipulation, within five (5) calendar days of the date 5 this Order is filed. 6 IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within 7 the time required by the Federal Rules of Civil Procedure. 8 9 IT IS SO ORDERED. 10 Dated: June 28, 2021 /s/ Barbara A. McAuliffe _ 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;