Gilbert v. Lally ( 2023 )

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 Darren Gilbert 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ) 11 DARREN GILBERT, ) Case No. 2:22-cv-01357-MCE-KJN ) 12 Plaintiff, ) STIPULATION GRANTING PLAINTIFF 13 vs. ) LEAVE TO FILE FIRST AMENDED ) COMPLAINT; ORDER 14 MANJIT SINGH LALLY, individually and ) dba FASTRACK GAS, et al., ) 15 ) 16 Defendants. ) ) 17 ) 18 19 WHEREAS, Plaintiff, Darren Gilbert (“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 Manjit Singh Lally, Dalbir Kaur Lally, and Jaswinder Kaur (“Defendants”), the 4 parties to this Action, through their respective attorneys of record, that Plaintiff may file a First 5 Amended Complaint, a copy of which is attached hereto as Exhibit “A.” 6 IT IS FURTHER STIPULATED that Plaintiff shall file his First Amended Complaint 7 within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’ 8 responses thereto shall be due as required by the Federal Rules of Civil Procedure. 9 IT IS SO STIPULATED. 10 11 Dated: April 30, 2023 MOORE LAW FIRM, P.C. 12 13 /s/ Tanya E. Moore Tanya E. Moore 14 Attorney for Plaintiff, Darren Gilbert 15 16 Dated: April 30, 2023 LAW OFFICE OF RAJ S. CHIMA 17 /s/ Rajdep S. Chima Rajdep S. Chima 18 Attorneys for Defendants, 19 Manjit Singh Lally, Dalbir Kaur Lally, and Jaswinder Kaur 20 ATTESTATION 21 22 Concurrence in the filing of this document has been obtained from each of the individual(s) whose electronic signature is attributed above. 23 /s/ Tanya E. Moore 24 Tanya E. Moore 25 Attorney for Plaintiff, Darren Gilbert 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’ responses thereto shall be filed within 7 || the time required by the Federal Rules of Civil Procedure. 8 IT IS SO ORDERED. 10 Dated: May 4, 2023 Er ul □□□ AOEXS, 2 SENIOR UNITED STATES URTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION GRANTING PLAINTIFF ER FILE FIRST AMENDED COMPLAINT;