Goldkorn v. Cim/oakland City Center, LLC

Northern District of California, cand-4:2015-cv-01561

ORDER GRANTING {{13}} STIPULATION for Leave to File Second Amended Complaint AND TO CONTINUE DATES UNDER GENERAL ORDER 56. Signed by Judge JEFFREY S. WHITE on 7/16/15.

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Case Case4:15-cv-01561-JSW 4:15-cv-01561-JSW Document Document13 14 Filed Filed07/15/15 07/16/15 Page1 Page 1ofof33 1 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 2 332 North Second Street San Jose, California 95112 3 Telephone (408) 298-2000 Facsimile (408) 298-6046 4 Email: tanya@moorelawfirm.com 5 Attorney for Plaintiff Ruthee Goldkorn 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10) No. 4:15-cv-01561-JSW 11 RUTHEE GOLDKORN,)) STIPULATION FOR LEAVE TO FILE 12 Plaintiff,)) SECOND AMENDED COMPLAINT AND 13 vs.) TO CONTINUE DATES UNDER) GENERAL ORDER 56; [PROPOSED] 14 CIM OAKLAND CITY CENTER, LLC, dba) ORDER 15 OAKLAND MARRIOTT CITY CENTER, et)) al.,) 16) Defendants.) 17) 18 19 WHEREAS, Plaintiff, Ruthee Goldkorn ("Plaintiff"), has brought this action against 20 Defendants, CIM/Oakland City Center, LLC, dba Oakland Marriott City Center ("CIM," and 21 together with Plaintiff, "the Parties"), and DiNapoli Capital Partners LLC ("DiNapoli") 22 alleging violations of Title III of the Americans with Disabilities Act and in part seeking to 23 have barriers to her access removed from the Oakland Marriott City Center hotel located at 24 1001 Broadway in Oakland, California ("the Facility"), and this matter therefore proceeds 25 under the procedural requirements of General Order 56; 26 WHEREAS, Defendant DiNapoli was dismissed without prejudice on July 15, 2015 27 (Dkt. 12); 28 // STIPULATION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND TO CONTINUE DATES UNDER GENERAL ORDER 56; [PROPOSED] ORDER Page 1 Case Case4:15-cv-01561-JSW 4:15-cv-01561-JSW Document Document13 14 Filed Filed07/15/15 07/16/15 Page2 Page 2ofof33 1 WHEREAS, on April 6, 2015, the Court issued its Scheduling Order for Cases 2 Asserting Denial of Right of Access under the Americans with Disabilities Act (Dkt. 4) ("the 3 Scheduling Order"); 4 WHEREAS, pursuant to the Scheduling Order and General Order 56, the last date by 5 which Plaintiff was to complete service of the complaint on defendants or file a motion for 6 administrative relief from the service deadline was June 5, 2015, and the last date by which the 7 parties are to conduct a joint inspection of the subject property is July 20, 2015; 8 WHEREAS, Plaintiff has recently learned the identity of the true current legal 9 owner/operator of the Facility, to whom the Facility was transferred during the pendency of 10 this action, and must now amend her complaint to name this entity as it is solely able to 11 remove the barriers to access which Plaintiff alleges exist at the Facility; 12 WHEREAS, this amendment would not be prejudicial to CIM, and is not the product 13 of undue delay, proposed in bad faith, or futile; 14 WHEREAS, Plaintiff will thereafter need additional time to serve the new defendant 15 and to obtain its participation in the joint site inspection required pursuant to General Order 56; 16 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, 17 through their respective attorneys of record, that Plaintiff may file a Second Amended 18 Complaint ("SAC"), a copy of which is attached hereto as Exhibit "A." 19 IT IS FURTHER STIPULATED that Plaintiff will file her SAC within five (5) 20 calendar days of the Court's Order permitting such filing, and that CIM's response thereto 21 shall be filed within thirty (30) days after the SAC is filed. 22 IT IS FURTHER STIPULATED that Plaintiff shall complete service of the summons 23 and SAC on the newly named defendant and shall file a proof of service of summons within 24 thirty (30) days of the filing of the SAC. 25 IT IS FURTHER STIPULATED that the joint site inspection required pursuant to 26 General Order 56 ¶ 3 shall be completed by October 9, 2015, and that all other dates and 27 deadlines under General Order 56 which are triggered by the joint site inspection shall be 28 calculated accordingly. STIPULATION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND TO CONTINUE DATES UNDER GENERAL ORDER 56; [PROPOSED] ORDER Page 2 Case Case4:15-cv-01561-JSW 4:15-cv-01561-JSW Document Document13 14 Filed Filed07/15/15 07/16/15 Page3 Page 3ofof33 1 IT IS SO STIPULATED. 2 Dated: July 15, 2015 MOORE LAW FIRM, P.C. 3 /s/ Tanya E. Moore 4 Tanya E. Moore Attorney for Plaintiff, 5 Ruthee Goldkorn 6 Dated: July 15, 2015 SEYFARTH SHAW LLP 7 /s/ Kristina M. Launey 8 Kristina M. Launey Attorneys for Defendant, 9 CIM/Oakland City Center, LLC 10 dba Oakland Marriott City Center 11 ORDER 12 The Parties having so stipulated and good cause appearing, 13 IT IS HEREBY ORDERED that Plaintiff shall file her Second Amended Complaint, 14 a copy of which was filed with the Parties' stipulation, within five (5) calendar days of the date 15 this Order is filed. 16 IT IS FURTHER ORDERED that Defendant CIM/Oakland City Center, LLC, dba 17 Oakland Marriott City Center's response thereto shall be filed within thirty (30) days after the 18 Second Amended Complaint is filed. 19 IT IS FURTHER ORDERED that Plaintiff shall complete service of the summons 20 and Second Amended Complaint on the newly named defendant and shall file a proof of 21 service of summons within thirty (30) days of the filing of the Second Amended Complaint. IT IS FURTHER ORDERED that the joint site inspection required pursuant to 22 General Order 56 ¶ 3 shall be completed by October 9, 2015, and that all other dates and 23 deadlines under General Order 56 which are triggered by the joint site inspection shall be 24 calculated accordingly. 25 IT IS SO ORDERED. 26 27 Dated: July 16, 2015 28 United States District Judge STIPULATION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND TO CONTINUE DATES UNDER GENERAL ORDER 56; [PROPOSED] ORDER Page 3