Theroux
Theroux v. Food4Less
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 VERN ROBERT THEROUX, JR. Case No.: 20cv1857-LAB (MDD)
Plaintiff,
ORDER STRIKING AMENDED
v. COMPLAINT
FOOD4LESS, a California corporation, 15 Defendant.
17 Plaintiff, who is represented by counsel, filed an amended complaint (Docket no. 19) on February 23, bringing claims under the Americans with Disabilities Act and supplemental state claims. Because Defendant has already filed its answer, amendment requires either the opposing party’s written consent or the Court’s leave. Even if construed as a motion for leave to amend, the motion does not comply with Civil Local Rule 15.1(b), and is not properly filed as an ex parte motion rather than a noticed motion. The amended complaint is ORDERED STRICKEN and the Clerk shall remove it from the docket. The amended complaint also fails to connect Plaintiff’s disability with the barriers he alleges he encountered at Defendant’s property, as is required for Article III standing.…