Gilbert v. 7-Eleven, 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 Darren Gilbert 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA DARREN GILBERT, ) No. 2:21-cv-01984-WBS-KJN ) 12 Plaintiff, ) STIPULATION GRANTING PLAINTIFF ) LEAVE TO FILE FIRST AMENDED 13 vs. ) ) COMPLAINT; ORDER 7-ELEVEN, INC., et al., ) ) 15 Defendants. ) ) 16 ) ) 17 ) 18 WHEREAS, Plaintiff, Darren Gilbert (“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, 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 7- Eleven, Inc., Jatinder Brar dba 7-Eleven #23615, Jatinder Singh Brar dba 7-Eleven #23615, I- Chung Ho, Trustee of the Ho Living Trust dated October 26, 1991, Min-Ching Ho, Trustee of STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; the Ho Living Trust dated October 26, 1991, and Kathleen A. Ho (“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: August 8, 2022 MOORE LAW FIRM, P.C. /s/ Tanya E. Moore 13 Tanya E. Moore Attorney for Plaintiff, Darren Gilbert Dated: August 8, 2022 CALL & JENSEN 16 A Professional Corporation 18 /s/ Michael S. Orr Julie R. Trotter 19 Michael S. Orr Attorneys for Defendants, 7-Eleven, Inc., Jatinder Brar dba 7-Eleven #23615, 21 Jatinder Singh Brar dba 7-Eleven #23615, I-Chung Ho, Trustee of the Ho Living Trust dated October 22 26, 1991, Min-Ching Ho, Trustee of the Ho Living Trust dated October 26, 1991, and Kathleen A. Ho 24 ATTESTATION Concurrence in the filing of this document has been obtained from each of the individual(s) whose electronic signature is attributed above.

27 /s/ Tanya E. Moore Tanya E. Moore 28 Attorney for Plaintiff, Darren Gilbert 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. g || IT IS SO ORDERED. g || Dated: August 8, 2022 eb bleaw~ aK. ht..t~-— WILLIAM B. SHUBB 10 UNITED STATES DISTRICT JUDGE STIPULATION GRANTING PLAINTIFF ODER FILE FIRST AMENDED COMPLAINT;