Bonczyk v. Balraj Dhami Enterprises, Inc. ( 2021 )

1 TMaOnOyRa EE L. AMWo 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 Jacob Bonczyk 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JACOB BONCZYK, ) No. 2:20-cv-02059-TLN-JDP ) 12 Plaintiff, ) STIPULATION GRANTING PLAINTIFF ) LEAVE TO FILE FIRST AMENDED 13 vs. ) ) COMPLAINT; ORDER 14 BALRAJ DHAMI ENTERPRISES, INC. dba ) HOMETOWN CAR WASH, et al., ) 15 ) ) 16 Defendants. ) ) 17 ) 18 WHEREAS, Plaintiff, Jacob Bonczyk (“Plaintiff”), seeks to amend his complaint to 19 allege 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 23 (U.S.) Inc., 631 F.3d 939, 944 (9th Cir. 2011); Oliver v. Ralphs Grocery Co., 654 F.3d 903, 24 909 (9th Cir. 2011); 25 WHEREAS, Plaintiff has not unduly delayed the amendment, does not bring it in bad 26 faith, the amendment is not futile, and such amendment does not prejudice defendants Balraj 27 Dhami Enterprises, Inc. dba Hometown Car Wash; Kewal Singh and Kuldeep Kaur 28 (“Defendants”), nor does the amendment in any way change the nature of the action; STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; 1 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and 2 Defendants, through their respective attorneys of record, that Plaintiff may file a First 3 Amended Complaint, a copy of which is attached hereto as Exhibit “A.” 4 IT IS FURTHER STIPULATED that Plaintiff file his First Amended Complaint 5 within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’ 6 responses thereto shall be due as required by the Federal Rules of Civil Procedure. 7 8 IT IS SO STIPULATED. 9 Dated: July 7, 2021 MOORE LAW FIRM, P.C. 10 /s/ Tanya E. Moore 11 Tanya E. Moore Attorney for Plaintiff, 12 Jacob Bonczyk 13 14 Dated: July 7, 2021 /s/ Bruce A. Neilson Bruce A. Neilson 15 Attorneys for Defendants, 16 H&S LBSE Inc dba 7-Eleven #22736G and 7-Eleven. Inc. 17 18 19 20 21 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 1s 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 IT IS SO ORDERED. ry /) 19 || Dated: July 7, 2021 “ Man ) 1 Troy L. Nunley . United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION GRANTING PLAINTIFF DER FILE FIRST AMENDED COMPLAINT;