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ORDER GRANTING PLAINTIFFS LEAVE TO AMEND THE COMPLAINT 1

THOMAS E. FRANKOVICH (State Bar No. 074414)

JENNIFER L. STENEBERG (State Bar No. 202985)

THOMAS E. FRANKOVICH,

A Professional Law Corporation

2806 Van Ness Avenue

San Francisco, CA 94109

Telephone: 415/674-8600

Facsimile: 415/674-9900

Attorneys for Plaintiffs NICOLE MOSS

and DISABILITY RIGHTS ENFORCEMENT, 

EDUCATION SERVICES

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA 

NICOLE MOSS, an individual; and

DISABILITY RIGHTS, ENFORCEMENT,

EDUCATION, SERVICES:HELPING YOU

HELP OTHERS, a California public benefit

corporation,

Plaintiffs,

v.

ALL STAR DONUTS; 5th STREET

ASSOCIATES, LLC., a California limited

liability company, 

Defendant. ____________________________________

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CASE NO. C05-1877 CW 

ORDER GRANTING STIPULATION FOR

PLAINTIFFS LEAVE TO AMEND THE

COMPLAINT

IT IS HEREBY STIPULATED by the parties hereto that plaintiffs may file the Second 

Amended Complaint attached as Exhibit “A” to the Stipulation. Since the filing of the

complaint herein, plaintiffs have learned that Hong Tek Lou and Kien Le are the operators of

the business known as All Star Donuts which is subject to this litigation, and accordingly they

are proper defendants to this action. Plaintiffs’ Second Amended Complaint adds Hong Tek

Lou and Kien Le as defendants to this action.

IT IS FURTHER STIPULATED that counsel for defendant 5th Street Associates, LLC.,

will accept notice and service by the Court’s electronic filing system of the complaint amended

to add defendants Hong Tek Lou and Kien Le on behalf of defendant 5th Street Associates,

LLC. Further, defendant 5th Street Associates, LLC, shall not be required to answer the

Case 4:05-cv-01877-CW Document 21 Filed 02/07/06 Page 1 of 2
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ORDER GRANTING PLAINTIFFS LEAVE TO AMEND THE COMPLAINT 2

amendment. All denials, responses and affirmative defenses contained in the answer filed by

defendant 5th Street Associates, LLC, to the original complaint shall be responsive to the

amended complaint. However, nothing in this stipulation shall alter, excuse or otherwise

change the obligation of the added defendants Hong Tek Lou and Kien Le to file an Answer or

other responsive pleading as required by the Federal Rules of Civil Procedure and the Local

Rules of Court.

IT IS FURTHER STIPULATED that this stipulation may be signed in counterparts and

sent by facsimile with the same force and effect of an original signature.

IT IS SO STIPULATED.

Dated: January 31, 2006 THOMAS E. FRANKOVICH

A PROFESSIONAL LAW CORPORATION

 By: /s/ 

Jennifer L. Steneberg

Attorneys for Plaintiffs NICOLE MOSS and

DISABILITY RIGHTS ENFORCEMENT,

EDUCATION SERVICES

Dated: January 30, 2006 LOW, BALL & LYNCH

By: /s/ 

Thomas J. LoSavio

Attorneys for Defendant 5th STREET

ASSOCIATES, LLC.

ORDER

IT IS SO ORDERED.

2/7

Dated: _______________, 2006

 

Hon. Claudia Wilken

UNITED STATES DISTRICT JUDGE

Case 4:05-cv-01877-CW Document 21 Filed 02/07/06 Page 2 of 2