Bonczyk v. Balraj Dhami Enterprises, Inc.

TMaOnOyRa EE L. AMWo oFrIeR,M S,B PN.C 2. 06683 South First Street, Suite 342 San Jose, California 95113 Telephone (408) 298-2000 Facsimile (408) 298-6046 E-mail: [email protected] Attorney for Plaintiff Jacob Bonczyk

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JACOB BONCZYK, ) No. 2:20-cv-02059-TLN-JDP ) Plaintiff, ) STIPULATION GRANTING PLAINTIFF ) LEAVE TO FILE FIRST AMENDED vs. ) ) COMPLAINT; ORDER BALRAJ DHAMI ENTERPRISES, INC. dba ) HOMETOWN CAR WASH, et al., ) ) ) Defendants. ) ) ) WHEREAS, Plaintiff, Jacob Bonczyk (“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; 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, (9th Cir. 2011); 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 Balraj Dhami Enterprises, Inc. dba Hometown Car Wash; Kewal Singh and Kuldeep Kaur (“Defendants”), nor does the amendment in any way change the nature of the action; STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; 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.”

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.

IT IS SO STIPULATED.

Dated: July 7, 2021 MOORE LAW FIRM, P.C.

/s/ Tanya E. Moore Tanya E. Moore Attorney for Plaintiff, Jacob Bonczyk

Dated: July 7, 2021 /s/ Bruce A. Neilson Bruce A. Neilson Attorneys for Defendants, H&S LBSE Inc dba 7-Eleven #22736G and 7-Eleven. Inc.

STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER The Parties having so stipulated and good cause appearing, 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 1s filed.

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

IT IS SO ORDERED. ry /) Dated: July 7, 2021 “ Man ) Troy L. Nunley .

United States District Judge

STIPULATION GRANTING PLAINTIFF DER FILE FIRST AMENDED COMPLAINT;