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Robert Dodson v. Longs Drugs Stores California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 22, 2011

ROBERT DODSON,
PLAINTIFF,
v.
LONGS DRUGS STORES CALIFORNIA, LLC, DEFENDANT.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

MEMORANDUM AND ORDER

This matter is before the court on plaintiff Robert Dodson's ("plaintiff") motion for leave to file a second amended complaint in order to comply with the Ninth Circuit's recent decision in Chapman v. Pier 1 Imports, Inc., 2011 WL 43709, *11-12 (9th Cir. Jan. 7, 2011) (requiring Title III, ADA plaintiffs to plead how each individual barrier affects their claimed disability).*fn1

Defendant Longs Drugs Stores California, LLC does not oppose the motion. (Non-Opp'n, filed Mar. 4, 2011.) As such, the court GRANTS plaintiff's motion pursuant to Federal Rule of Civil Procedure 16(b). Good cause exists to permit the amendment in light of an intervening change in the law. Plaintiff shall file the proposed second amended complaint, attached to the motion, within 10 days of the date of this order.

IT IS SO ORDERED.


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