O'Campo v. Bed Bath & Beyond of California, LLC
Opinion
Opinion
MEMORANDUM
Appellant Dimas O’Campo (“O’Campo”) appeals the district court’s denial of his Motion for Leave to File First Amended Complaint and the district court’s dismissal, with prejudice, of his Original Complaint.
On May 5, 2010, O’Campo sued Appellee Bed Bath & Beyond of California, LLC (“BBB”) under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq., the Disabled Persons Act, Cal. Civil Code § 54 et seq., the Unruh Civil Rights Act, Cal. Civil Code § 51 et seq., and California Health and Safety Code § 19959, alleging that five designated barriers prevented him from enjoying full and equal access to BBB’s Chico store. O’Campo’s Original Complaint alleged that “O’Campo has severe brain damage, which affects his ability to walk, talk, see, and stand” and stated that O’Campo “requires the use of a cane when traveling in public.” The Complaint did not state that O’Campo uses a wheelchair.
On September 14, 2010, the district court issued a Scheduling Order. It provided, among other things, that there would be “[n]o further joinder of parties or amendments to pleadings ... without leave of court, good cause having been shown.”