Trujillo v. H&S LBSE Inc

1 TMaOnOyRa EE L. MAWo oFrIeR,M S,B PN.C 2. 06683 300 South First Street, Suite 342 San Jose, California 95113 Telephone (408) 298-2000 Facsimile (408) 298-6046 E-mail: [email protected] Attorney for Plaintiff Jose Trujillo 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA JOSE TRUJILLO, ) No. 1:21-cv-00058-NONE-BAM ) 12 Plaintiff, ) STIPULATION GRANTING PLAINTIFF ) LEAVE TO FILE FIRST AMENDED 13 vs. ) ) COMPLAINT; ORDER H&S LBSE INC dba 7-ELEVEN #22736G, ) et al., ) 15 ) ) 16 Defendants. ) ) 17 ) 18 WHEREAS, Plaintiff, Jose Trujillo (“Plaintiff”), seeks to amend his complaint to allege additional access barriers which relate to his disability which were identified during the pendency of this action; 21 WHEREAS, the Ninth Circuit both urges and requires Plaintiff to identify in his complaint all barriers identified which relate to his disability. Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939, 944 (9th Cir. 2011); Oliver v. Ralphs Grocery Co., 654 F.3d 903, 909 (9th Cir. 2011); 25 WHEREAS, the Parties have not commenced discovery, other than the inspection of the subject property by Plaintiff; 27 WHEREAS, Plaintiff has not unduly delayed the amendment, does not bring it in bad faith, the amendment is not futile, and such amendment does not prejudice defendants H&S STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; LBSE Inc dba 7-Eleven #22736G and 7-Eleven, Inc. (“Defendants”), nor does the amendment in any way change the nature of the action; 3 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Defendants, through their respective attorneys of record, that Plaintiff may file a First Amended Complaint, a copy of which is attached hereto as Exhibit “A.”

6 IT IS FURTHER STIPULATED that Plaintiff file his First Amended Complaint within five (5) calendar days of the Court’s Order permitting such filing, and that Defendants’ responses thereto shall be due as required by the Federal Rules of Civil Procedure.

10 IT IS SO STIPULATED.

11 Dated: June 25, 2021 MOORE LAW FIRM, P.C. /s/ Tanya E. Moore 13 Tanya E. Moore Attorney for Plaintiff, Jose Trujillo Dated: June 25, 2021 CALL & JENSEN A Professional Corporation /s/ Michael S. Orr 19 Julie R. Trotter Michael S. Orr 20 Attorneys for Defendants, H&S LBSE Inc dba 7-Eleven #22736G and 7-Eleven. Inc.

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 copy of which was filed with the Parties’ stipulation, within five (5) calendar days of the date this Order is filed.

6 IT IS FURTHER ORDERED that Defendants’ response thereto shall be filed within the time required by the Federal Rules of Civil Procedure.

9 IT IS SO ORDERED.

10 Dated: June 28, 2021 /s/ Barbara A. McAuliffe _ 11 UNITED STATES MAGISTRATE JUDGE

STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;