Avalos v. HPC Blackstone Investors, LP

1 Joseph R. Manning, Jr., Esq. (State Bar No. 223381) MANNING LAW, APC 20062 SW Birch Street, Ste. 200 Newport Beach, CA 92660 Office: (949) 200-8755 [email protected] Attorneys for Plaintiff GEORGE AVALOS RACHELLE TAYLOR GOLDEN 295385 [email protected] GOLDEN LAW A.P.C.

9 1100 W. Shaw Avenue, Suite 132 Fresno, California 93711 Telephone: (559) 878-3521 Attorneys for Defendant: HPC BLACKSTONE INVESTORS, LP 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 16 Case No.: 1:20-cv-01385-DAD-SKO GEORGE AVALOS, an individual, Hon. Dale A. Drozd 18 Plaintiff, JOINT STIPULATION TO FILE SECOND v. AMENDED COMPLAINT AND ORDER 20 (Doc. 52) HPC BLACKSTONE INVESTORS, LP, California limited partnership; and DOES 1-10, inclusive, Defendants.

2 TO THE COURT AND ALL PARTIES: 3 It is hereby stipulated that Plaintiff GEORGE AVALOS (“Plaintiff”) and HPC BLACKSTONE INVESTORS, LP (“Defendant”) agree, pursuant to Fed. R. Civ. Proc. 15(a)(2) to amend the complaint.

6 “The court should freely give leave when justice so requires.” The Ninth Circuit requires that this policy favoring amendment be applied with “extreme liberality.” Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990).

9 The proposed Second Amended Complaint more clearly describes the locations of the subject property and the alleged barriers to access at paragraphs 2, 11, and 12 of the Second Amended Complaint.

12 The Parties hereby stipulate and agree pursuant, by and through their undersigned counsel, that the Court may enter an Order: 14 Granting Plaintiff leave to amend to file his Second Amended Complaint, which is attached as Exhibit A.

Respectfully submitted, DATED: June 17, 2021 MANNING LAW By_ /s/ Joseph R. Manning, Jr.________ 20 JOSEPH R. MANNING, JR. Attorney for Plaintiff, GEROGE AVALOS DATED: June 17, 2021 GOLDEN LAW A.P.C.

By_ /s/ Rachelle Taylor Golden__________ 25 RACHELLE TAYLOR GOLDEN Attorney for Defendant, 26 HPC BLACKSTONE INVESTORS, LP 2 ATTESTATION 3 Concurrence in the filing of this document has been obtained from each of the invididual(s) whose electronic signature is attributed above.

6 DATED: June 17, 2021 By: /s/ Joseph R. Manning, Jr. 2 ORDER 3 Pursuant to the parties’ above stipulation (Doc. 52), and for good cause shown, IT IS HEREBY ORDERED that Plaintiff is granted leave to file a second amended complaint within seven (7) days of this order.

IT IS SO ORDERED.

Sheila K. Oberto Dated: June 21, 2021 /s/ .

9 UNITED STATES MAGISTRATE JUDGE