Sellers v. Kaur ( 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, Raymon Sellers 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ) 11 RAYMON SELLERS, ) Case No. 2:23-cv-00337-DJC-DB ) 12 Plaintiff, ) STIPULATION GRANTING PLAINTIFF 13 ) LEAVE TO FILE FIRST AMENDED vs. ) COMPLAINT; ORDER 14 ) RAJVIR KAUR, individually and dba A1 ) 15 MARKET, ) 16 ) Defendants. ) 17 ) ) 18 ) 19 20 WHEREAS, Plaintiff, Raymon Sellers (“Plaintiff”), seeks to amend his complaint to 21 allege additional access barriers which relate to his disability which were identified during the 22 pendency of this action; 23 WHEREAS, the Ninth Circuit both urges and requires Plaintiff to identify in his 24 complaint all barriers which relate to his disability (Chapman v. Pier 1 Imports (U.S.) Inc., 631 25 F.3d 939, 944 (9th Cir. 2011); Oliver v. Ralphs Grocery Co., 654 F.3d 903, 909 (9th 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 Defendant Rajvir Kaur, individually and dba A1 Market, the parties to this Action, through their 4 respective attorneys of record, that Plaintiff may file a First Amended Complaint, a copy of 5 which is attached hereto as Exhibit “A” with redlines showing the changes from the original 6 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 Defendant’s 9 response thereto shall be due as required by the Federal Rules of Civil Procedure. 10 IT IS SO STIPULATED. 11 Dated: October 19, 2023 MOORE LAW FIRM, P.C. 12 /s/ Tanya E. Moore 13 Tanya E. Moore Attorney for Plaintiff, 14 Raymon Sellers 15 16 Dated: October 25, 2023 LEWIS BRISBOIS BISGAARD & SMITH LLP 17 /s/ Grace E. Mehta Shane Singh 18 Grace E. Mehta 19 Attorneys for Defendant, Rajvir Kaur, individually and dba A1 Market 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 redlined copy of which was filed with the Parties’ stipulation, within five (5) calendar days of 5 the date this Order is filed. 6 IT IS FURTHER ORDERED that Defendant’s response thereto shall be filed within 7 the time required by the Federal Rules of Civil Procedure. 8 IT IS SO ORDERED. 9 10 Dated: October 30, 2023 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA 11 UNITED STATES DISTRICT 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;