Trujillo v. Cisneros ( 2023 )

1 TMaOnOyRa EE L. AMWo oFrIeR,M S,B PN.C 2. 06683 2 300 South First Street, Suite 342 3 San Jose, California 95113 Telephone (408) 298-2000 4 Facsimile (408) 298-6046 E-mail: service@moorelawfirm.com 5 6 Attorney for Plaintiff, Jose Trujillo 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ) 11 JOSE TRUJILLO, ) Case No. 1:22-cv-00983-BAM ) 12 Plaintiff, ) STIPULATION GRANTING PLAINTIFF 13 vs. ) LEAVE TO FILE FIRST AMENDED ) COMPLAINT; [PROPOSED] ORDER 14 BALDOMERO V. CISNEROS dba QUE ) PASA MEXICAN CAFE, et al., ) 15 ) 16 Defendants. ) ) 17 ) 18 19 WHEREAS, Plaintiff, Jose Trujillo (“Plaintiff”), seeks to amend his complaint to 20 allege additional access barriers which relate to his disability which were identified during the 21 pendency of this action; 22 WHEREAS, the Ninth Circuit both urges and requires Plaintiff to identify in his 23 complaint all barriers identified which relate to his disability. Chapman v. Pier 1 Imports (U.S.) 24 Inc., 631 F.3d 939, 944 (9th Cir. 2011); Oliver v. Ralphs Grocery Co., 654 F.3d 903, 909 (9th 25 Cir. 2011); 26 WHEREAS, Plaintiff has not unduly delayed the amendment, does not bring it in bad 27 faith, the amendment is not futile, and such amendment does not prejudice the defendants, nor 28 does the amendment in any way change the nature of the action; and STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; 1 WHEREAS, this amendment would not alter any dates or deadlines set by the Court; 2 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and 3 Defendants, Baldomero V. Cisneros dba Que Pasa Mexican Cafe and Heiskell Ranches, L.P. 4 (“Defendants”), the parties to this Action, through their respective attorneys of record, that 5 Plaintiff may file a First Amended Complaint, a copy of which is attached hereto as Exhibit 6 “A” with redlines showing the changes from the original Complaint. 7 IT IS FURTHER STIPULATED that Plaintiff shall file his First Amended Complaint 8 within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’ 9 responses thereto shall be due as required by the Federal Rules of Civil Procedure. 10 IT IS SO STIPULATED. 11 12 Dated: May 31, 2023 MOORE LAW FIRM, P.C. 13 14 /s/ Tanya E. Moore Tanya E. Moore 15 Attorney for Plaintiff, Jose Trujillo 16 17 Dated: May 31, 2023 CLIFFORD & BROWN 18 /s/ William A. Bruce 19 William A. Bruce Attorneys for Defendant, 20 Baldomero V. Cisneros dba Que Pasa 21 Mexican Cafe 22 Dated: May 31, 2023 McCORMICK, KABOT & LEW APC. 23 24 /s/ Chad M. Lew Chad M. Lew 25 Attorneys for Defendant, Heiskell Ranches, L.P. 26 27 /// 28 /// STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; 1 ATTESTATION 2 Concurrence in the filing of this document has been obtained from each of the individual(s) 3 whose electronic signature is attributed above. 4 /s/ Tanya E. Moore Tanya E. Moore 5 Attorney for Plaintiff, 6 Jose Trujillo 7 ORDER 8 The Parties having so stipulated and good cause appearing, 9 IT IS HEREBY ORDERED that Plaintiff may file his First Amended Complaint, a 10 redlined copy of which was filed with the Parties’ stipulation, within five (5) calendar days of 11 the date this Order is filed. 12 IT IS FURTHER ORDERED that Defendants’ responses thereto shall be filed within 13 the time required by the Federal Rules of Civil Procedure. 14 15 IT IS SO ORDERED. 16 Dated: June 1, 2023 /s/ Barbara A. McAuliffe _ 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;