1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 JOSE ACOSTA, Case No. 1:25-cv-00210-SKO 9 Plaintiff, ORDER VACATING HEARING AND 10 GRANTING PLAINTIFF’S v. UNOPPOSED MOTION FOR LEAVE 11 TO FILE FIRST AMENDED AHMED NAJI dba Shop & Save Market, et al., COMPLAINT 12 Defendants. (Doc. 22) 13 14 15 I. INTRODUCTION 16 17 Jose Acosta (“Plaintiff”) filed this action alleging violations of the Americans with 18 Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) and state law. (Doc. 1.) Currently before the 19 Court is Plaintiff’s motion for leave to file a first amended complaint. (Doc. 22.) No opposition to 20 the motion has been filed. (See Docket.) 21 The Court, having reviewed the record, finds this matter suitable for decision without oral 22 argument. See E.D. Cal. Local Rule 230(g). Accordingly, the previously scheduled hearing set on 23 September 3, 2025, will be vacated. For the reasons set forth below, Plaintiff’s unopposed motion 24 will be granted.1 25 II. PROCEDURAL HISTORY 26 Plaintiff filed the complaint in this action against Ahmed Naji, doing business as Shop & 27 Save Market, and 766 Fresno, LLC (together, “Defendants”) on February 14, 2025. (Doc. 1.) The 28 1 complaint asserts a claim for injunctive relief and attorney’s fees arising out of an alleged violation 2 of the ADA and a claim for damages pursuant to California’s Unruh Act. (Id.) Defendants filed an 3 answer to the complaint on April 22, 2025. (Doc. 8.) 4 On June 12, 2025, following the Mandatory Scheduling Conference, a Scheduling Order 5 issued in the action. (Doc. 18.) The Scheduling Order provides, inter alia, that “[a]ny motions or 6 stipulations requesting leave to amend the pleadings must be filed by no later than July 30, 2025.” 7 (Id. at 2.) 8 On July 30, 2025, Plaintiff filed a motion for leave to file a first amended complaint. (Doc. 9 22.) No opposition to the motion has been filed. (See Docket.) 10 III. MOTION FOR LEAVE TO AMEND 11 A. Legal Standard 12 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend their pleading 13 once as a matter of course at any time before a responsive pleading is served. Fed. R. Civ. P. 14 15(a)(1). Otherwise, a party may amend only by leave of the court or by written consent of the 15 adverse party, and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a)(2). 16 In determining whether to grant leave to amend after an answer has been filed, the court 17 considers five factors: “(1) bad faith; (2) undue delay; (3) prejudice to the opposing party; (4) futility 18 of amendment; and (5) whether the plaintiff has previously amended his complaint.” Nunes v. 19 Ashcroft, 375 F.3d 805, 808 (9th Cir. 2004); accord Madeja v. Olympic Packers, LLC, 310 F.3d 20 628, 636 (9th Cir. 2002); Washington State Republican Party v. Washington State Grange, 676 F.3d 21 784, 797 (9th Cir. 2012). The factors are not given equal weight and futility alone is sufficient to 22 justify the denial of a motion to amend. Washington v. Lowe’s HIW Inc., 75 F. Supp. 3d 1240, 1245 23 (N.D. Cal. 2014). “[I]t is the consideration of prejudice to the opposing party that carries the greatest 24 weight.” Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). “Absent 25 prejudice, or a strong showing of any of the remaining [ ] factors, there exists a presumption under 26 Rule 15(a) in favor of granting leave to amend.” Id. 27 B. Discussion 28 Plaintiff moves to amend the complaint to allege additional barriers to his access to the Shop 1 & Save Market located at 766 Fresno Street in Parlier, California (the “Facility”), as well as add an 2 additional defendant, the City of Parlier, who was “recently identified through discovery.” (See 3 Doc. 22-1 at 1–3; Doc. 22-3 at ¶¶ 2, 8, 11–12.) 4 1. Bad Faith and Undue Delay 5 Here, there is no evidence that Plaintiff has sought amendment of the complaint in bad faith 6 or with undue delay. The Scheduling Order provided that any motion to amend the complaint must 7 be filed no later than July 30, 2025. (Doc. 18 at 2.) Since the motion was filed before the expiration 8 of the deadline to amend, Rule 15(a) governs and leave to amend shall be freely given when justice 9 so requires. Fed. R. Civ. P. 15(a)(2). 10 The Ninth Circuit has stressed that Rule 15 favors amendments, and that this policy is to be 11 applied with liberality, although less so when new parties are proposed. See Union Pacific R. Co. 12 v. Nevada Power Co., 950 F.2d 1429, 1432 (9th Cir. 1991) (“Amendments seeking to add claims 13 are to be granted more freely than amendments adding parties”) (citing Martell v. Trilogy Ltd., 872 14 F.2d 322, 324 (9th Cir. 1989). See also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 15 712 (9th Cir. 2001); Ascon Properties, Inc. v. Mobil Oil Co., 866 F.2d 1149, 1160 (9th Cir. 1989). 16 Here, the Court has no basis upon which to find Plaintiff unduly delayed seeking amendment, having 17 learned about the new defendant City of Parlier through information obtained from his consultant 18 during the site inspection (see Doc. 22-2 ¶ 3), or that he engaged in bad faith in seeking to amend. 19 2. Futility 20 The Ninth Circuit has held that “for purposes of Rule 8, a plaintiff must identify the barriers 21 that constitute the grounds for a claim of discrimination under the ADA in the complaint itself; a 22 defendant is not deemed to have fair notice of barriers identified elsewhere.” Moeller v. Taco Bell 23 Corp., 966 F.Supp.2d 899, 904 (N.D. Cal. 2013) (quoting Oliver v. Ralphs Grocery Co., 654 F.3d 24 909 (9th Cir. 2011)). A complaint provides fair notice to the defendant where each non-compliant 25 architectural feature is alleged in the complaint. Oliver, 654 F.3d at 908. 26 A plaintiff need not have encountered every barrier that bars an access to seek an injunction 27 to remove the barriers. Pickern v. Holiday Quality Foods Inc., 293 F.3d 1133, 1138 (9th Cir. 2002). 28 “[W]hen an ADA plaintiff has suffered an injury-in-fact by encountering a barrier that deprives him 1 of full and equal enjoyment of the facility due to his particular disability, he has standing to sue for 2 injunctive relief as to that barrier and other barriers related to his disability. . . .” Chapman v. Pier 3 1 Imports (U.S.) Inc., 631 F.3d 939, 944 (9th Cir. 2011). Accordingly, Plaintiff may amend his 4 complaint to allege all identified barriers that relate to his disability to seek injunctive relief as to 5 those barriers. Plaintiff may also add the City of Parlier as a defendant under Chapman. See, e.g., 6 Yates v. Perko's Cafe, No. C 11–00873 SI, 2011 WL 2580640, at *4–5 (N.D. Cal.
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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 JOSE ACOSTA, Case No. 1:25-cv-00210-SKO 9 Plaintiff, ORDER VACATING HEARING AND 10 GRANTING PLAINTIFF’S v. UNOPPOSED MOTION FOR LEAVE 11 TO FILE FIRST AMENDED AHMED NAJI dba Shop & Save Market, et al., COMPLAINT 12 Defendants. (Doc. 22) 13 14 15 I. INTRODUCTION 16 17 Jose Acosta (“Plaintiff”) filed this action alleging violations of the Americans with 18 Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) and state law. (Doc. 1.) Currently before the 19 Court is Plaintiff’s motion for leave to file a first amended complaint. (Doc. 22.) No opposition to 20 the motion has been filed. (See Docket.) 21 The Court, having reviewed the record, finds this matter suitable for decision without oral 22 argument. See E.D. Cal. Local Rule 230(g). Accordingly, the previously scheduled hearing set on 23 September 3, 2025, will be vacated. For the reasons set forth below, Plaintiff’s unopposed motion 24 will be granted.1 25 II. PROCEDURAL HISTORY 26 Plaintiff filed the complaint in this action against Ahmed Naji, doing business as Shop & 27 Save Market, and 766 Fresno, LLC (together, “Defendants”) on February 14, 2025. (Doc. 1.) The 28 1 complaint asserts a claim for injunctive relief and attorney’s fees arising out of an alleged violation 2 of the ADA and a claim for damages pursuant to California’s Unruh Act. (Id.) Defendants filed an 3 answer to the complaint on April 22, 2025. (Doc. 8.) 4 On June 12, 2025, following the Mandatory Scheduling Conference, a Scheduling Order 5 issued in the action. (Doc. 18.) The Scheduling Order provides, inter alia, that “[a]ny motions or 6 stipulations requesting leave to amend the pleadings must be filed by no later than July 30, 2025.” 7 (Id. at 2.) 8 On July 30, 2025, Plaintiff filed a motion for leave to file a first amended complaint. (Doc. 9 22.) No opposition to the motion has been filed. (See Docket.) 10 III. MOTION FOR LEAVE TO AMEND 11 A. Legal Standard 12 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend their pleading 13 once as a matter of course at any time before a responsive pleading is served. Fed. R. Civ. P. 14 15(a)(1). Otherwise, a party may amend only by leave of the court or by written consent of the 15 adverse party, and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a)(2). 16 In determining whether to grant leave to amend after an answer has been filed, the court 17 considers five factors: “(1) bad faith; (2) undue delay; (3) prejudice to the opposing party; (4) futility 18 of amendment; and (5) whether the plaintiff has previously amended his complaint.” Nunes v. 19 Ashcroft, 375 F.3d 805, 808 (9th Cir. 2004); accord Madeja v. Olympic Packers, LLC, 310 F.3d 20 628, 636 (9th Cir. 2002); Washington State Republican Party v. Washington State Grange, 676 F.3d 21 784, 797 (9th Cir. 2012). The factors are not given equal weight and futility alone is sufficient to 22 justify the denial of a motion to amend. Washington v. Lowe’s HIW Inc., 75 F. Supp. 3d 1240, 1245 23 (N.D. Cal. 2014). “[I]t is the consideration of prejudice to the opposing party that carries the greatest 24 weight.” Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). “Absent 25 prejudice, or a strong showing of any of the remaining [ ] factors, there exists a presumption under 26 Rule 15(a) in favor of granting leave to amend.” Id. 27 B. Discussion 28 Plaintiff moves to amend the complaint to allege additional barriers to his access to the Shop 1 & Save Market located at 766 Fresno Street in Parlier, California (the “Facility”), as well as add an 2 additional defendant, the City of Parlier, who was “recently identified through discovery.” (See 3 Doc. 22-1 at 1–3; Doc. 22-3 at ¶¶ 2, 8, 11–12.) 4 1. Bad Faith and Undue Delay 5 Here, there is no evidence that Plaintiff has sought amendment of the complaint in bad faith 6 or with undue delay. The Scheduling Order provided that any motion to amend the complaint must 7 be filed no later than July 30, 2025. (Doc. 18 at 2.) Since the motion was filed before the expiration 8 of the deadline to amend, Rule 15(a) governs and leave to amend shall be freely given when justice 9 so requires. Fed. R. Civ. P. 15(a)(2). 10 The Ninth Circuit has stressed that Rule 15 favors amendments, and that this policy is to be 11 applied with liberality, although less so when new parties are proposed. See Union Pacific R. Co. 12 v. Nevada Power Co., 950 F.2d 1429, 1432 (9th Cir. 1991) (“Amendments seeking to add claims 13 are to be granted more freely than amendments adding parties”) (citing Martell v. Trilogy Ltd., 872 14 F.2d 322, 324 (9th Cir. 1989). See also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 15 712 (9th Cir. 2001); Ascon Properties, Inc. v. Mobil Oil Co., 866 F.2d 1149, 1160 (9th Cir. 1989). 16 Here, the Court has no basis upon which to find Plaintiff unduly delayed seeking amendment, having 17 learned about the new defendant City of Parlier through information obtained from his consultant 18 during the site inspection (see Doc. 22-2 ¶ 3), or that he engaged in bad faith in seeking to amend. 19 2. Futility 20 The Ninth Circuit has held that “for purposes of Rule 8, a plaintiff must identify the barriers 21 that constitute the grounds for a claim of discrimination under the ADA in the complaint itself; a 22 defendant is not deemed to have fair notice of barriers identified elsewhere.” Moeller v. Taco Bell 23 Corp., 966 F.Supp.2d 899, 904 (N.D. Cal. 2013) (quoting Oliver v. Ralphs Grocery Co., 654 F.3d 24 909 (9th Cir. 2011)). A complaint provides fair notice to the defendant where each non-compliant 25 architectural feature is alleged in the complaint. Oliver, 654 F.3d at 908. 26 A plaintiff need not have encountered every barrier that bars an access to seek an injunction 27 to remove the barriers. Pickern v. Holiday Quality Foods Inc., 293 F.3d 1133, 1138 (9th Cir. 2002). 28 “[W]hen an ADA plaintiff has suffered an injury-in-fact by encountering a barrier that deprives him 1 of full and equal enjoyment of the facility due to his particular disability, he has standing to sue for 2 injunctive relief as to that barrier and other barriers related to his disability. . . .” Chapman v. Pier 3 1 Imports (U.S.) Inc., 631 F.3d 939, 944 (9th Cir. 2011). Accordingly, Plaintiff may amend his 4 complaint to allege all identified barriers that relate to his disability to seek injunctive relief as to 5 those barriers. Plaintiff may also add the City of Parlier as a defendant under Chapman. See, e.g., 6 Yates v. Perko's Cafe, No. C 11–00873 SI, 2011 WL 2580640, at *4–5 (N.D. Cal. June 29, 2011) 7 (granting the plaintiff's motion to amend complaint to allow plaintiff to add a defendant and meet 8 the Chapman pleading requirements). 9 3. Prejudice 10 This is Plaintiff’s first request to amend the complaint. The Court finds no prejudice to 11 Defendants by allowing amendment of the complaint, and they have not rebutted the presumption 12 in favor of granting leave to amend (as evidenced by their failure to oppose the motion). See 13 Eminence Capital, 316 F.3d at 1052 (Absent prejudice, or a strong showing of any of the remaining 14 factors, a presumption exists under Rule 15(a) in favor of granting leave to amend.). 15 IV. CONCLUSION AND ORDER 16 For the reasons set forth above, IT IS HEREBY ORDERED THAT: 17 1. The hearing set for September 3, 2025, is VACATED; 18 2. Plaintiff’s unopposed motion for leave to file a first amended complaint (Doc. 22) is 19 GRANTED; and 20 3. Plaintiff shall file the first amended complaint, of which a redlined version is attached 21 as Exhibit A to the Moore Declaration (Doc. 22-3), by no later than October 1, 22 2025, to allow time for the City of Parlier to consider Plaintiff’s governmental claim. 23 IT IS SO ORDERED. 24
25 Dated: August 15, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 26
27 28