Escobedo v. Casa Corona Foods, Inc

Opinion

TMaOnOyRa EE L. AMWo oFrIeR,M S,B PN.C 2. 06683 1900 Camden Avenue, Suite 101 San Jose, California 95124 Telephone (408) 298-2000 Facsimile (408) 298-6046 E-mail: service@moorelawfirm.com

Attorney for Plaintiff, Jose Escobedo

) JOSE ESCOBEDO, ) Case No. 1:24-cv-00590-SKO ) Plaintiff, ) STIPULATION GRANTING PLAINTIFF ) LEAVE TO FILE FIRST AMENDED vs. ) COMPLAINT; ORDER ) CASA CORONA FOODS, INC dba CASA ) (Doc. 27) CORONA, et al., ) ) Defendants. ) ) ) )

WHEREAS, Plaintiff, Jose Escobedo (“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 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)); 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 the defendants, nor does the amendment in any way change the nature of the action; and

STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; WHEREAS, this amendment would not alter any dates or deadlines set by the Court; NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Defendants Casa Corona Foods, Inc, Casa Foods Incorporation, or Cedar Pointe Investors, LP, the parties to this Action, through their respective attorneys of record, that Plaintiff may file a First Amended Complaint, a copy of which is attached hereto as Exhibit “A” with redlines showing the changes from the original Complaint. IT IS FURTHER STIPULATED that Plaintiff shall file his First Amended Complaint within five (5) calendar days of the Court’s Order permitting such filing, and that Defendant’s response thereto shall be due as required by the Federal Rules of Civil Procedure. Dated: December 2, 2024 MOORE LAW FIRM, P.C. /s/ Tanya E. Moore Tanya E. Moore Attorney for Plaintiff, Jose Escobedo Dated: December 4, 2024 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

/s/ David L. Emerzian David L. Emerzian Attorneys for Defendants, Casa Corona Foods, Inc. dba Casa Corona and Casa Foods Incorporation dba Casa Corona

Dated: December 4, 2024 REDEN | RIDDELL /s/ Justin G. Reden Justin G. Reden Stepheney R. Windsor Attorneys for Defendant, Cedar Pointe Investors, LP

STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT; The Parties having so stipulated (Doc. 27) and good cause appearing (see Fed. R. Civ. P. 15(a)), IT IS HEREBY ORDERED that Plaintiff may file his First Amended Complaint, a redlined copy of which was filed with the Parties’ stipulation, within five (5) calendar days of the date this Order is 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. Dated: December 9, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE

STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT;