Gilbert v. Dollar Tree Stores, Inc.

Tanya E. Moore, SBN 206683

MOORE LAW FIRM, P.C.

300 South First Street, Suite 342

San Jose, California 95113

Telephone: (408) 298-2000

Facsimile: (408) 298-6046

Email: [email protected]

Attorney for Plaintiff,

Darren Gilbert

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DARREN GILBERT, ) No. 1:21-cv-001042-NONE-BAM )

Plaintiff, ) STIPULATION TO CONTINUE ) SETTLEMENT CONFERENCE; ORDER vs. ) )

DOLLAR TREE STORES, INC., et al., ) Date: October 27, 2021 ) Time: 9:30 a.m. ) Courtroom: 8

Defendants. ) Magistrate Judge Barbara A. McAuliffe ) ) )

Plaintiff Darren Gilbert (“Plaintiff”) and Defendants Dollar Tree Stores, Inc. and GGW- Oakdale Partners, LLC (“Defendants,” and together with Plaintiff, the “Parties”), by and through their counsel of record, hereby stipulate as follows:

WHEREAS, a Settlement Conference is presently set for October 27, 2021 before this Court;

WHEREAS, Plaintiff has just learned that there are additional parties not named in the First Amended Complaint which likely are responsible for certain areas of the subject property, who must be named in the action in order for Plaintiff to obtain injunctive relief relating to those areas, and thus the case is not yet ripe for settlement conference;

WHEREAS, Plaintiff intends to promptly seek leave to amend his complaint, either by stipulation or by motion, to name the newly discovered parties as well as to allege additional barriers to his access discovered during his October 19, 2021, noticed inspection of the subject property, as urged and required by the Ninth Circuit (Chapman v. Pier 1 Imports (U.S.) Inc., 631 5 F.3d 939, 944 (9th Cir. 2011); Oliver v. Ralphs Grocery Co., 654 F.3d 903, 909 (9th Cir. 2011)); NOW, THEREFORE, the Parties stipulate that the Settlement Conference presently set for October 27, 2021, be continued by at least sixty days to a date convenient to the Court to allow time for Plaintiff to amend his complaint and for the newly added defendants to appear in the action.

IT IS SO STIPULATED.

Dated: October 22, 2021 MOORE LAW FIRM, P.C.

/s/ Tanya E. Moore

Tanya E. Moore

Attorney for Plaintiff,

Darren Gilbert

Dated: October 22, 2021 GOLDEN LAW A.P.C.

/s/ Rachelle Taylor Golden

Rachelle Taylor Golden

Attorneys for Defendants,

Dollar Tree Stores, Inc. and

GGW-Oakdale Partners, LLC

ORDER

The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED that the Settlement Conference presently set for October 27, 2021 is continued to January 6, 2022 at 10:00 a.m. in Courtroom 8 before the undersigned. Updated confidential settlement conference statements shall be submitted no later than seven (7) days prior to the settlement conference.

IT IS SO ORDERED.

Dated: October 22, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE