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Berg v. Bed Bath & Beyond, Inc.

United States District Court, D. Hawaii

November 30, 2017

GLENDA BERG, Plaintiff,
v.
BED BATH & BEYOND, INC.; STANLEY ACCESS TECHNOLOGIES, LLC, Defendants. BED BATH & BEYOND INC., Cross Claimant,
v.
STANLEY ACCESS TECHNOLOGIES, LLC, Cross Defendant. STANLEY ACCESS TECHNOLOGIES, LLC, Cross Claimant,
v.
BED BATH & BEYOND, INC, Cross Defendant.

          ORDER DENYING PLAINTIFF'S OBJECTION TO MAGISTRATE JUDGE CHANG'S ORDER DENYING PLAINTIFF'S FOURTH MOTION TO AMEND SCHEDULING ORDER TO GRANT LEAVE TO FILE A SECOND AMENDED COMPLAINT (ECF NO. 192)

          HELEN GILLMOR, UNITED STATES DISTRICT JUDGE.

         Plaintiff Glenda Berg, a disabled person, has filed a complaint against Bed Bath & Beyond, Inc. and Stanley Access Technologies, LLC. Plaintiff claims she was injured by automatic sliding doors, which were manufactured by Stanley Access Technologies, LLC and installed at Bed Bath & Beyond, Inc.

         Plaintiff seeks to amend the scheduling order to grant her leave to file a Second Amended Complaint. (ECF No. 159).

         Plaintiff's Objection (ECF No. 192), construed as an appeal, is DENIED and the Magistrate Judge's Order (ECF No. 186) is AFFIRMED.

         PROCEDURAL HISTORY

         On September 15, 2015, Plaintiff Glenda Berg filed a Complaint. (ECF No. 1).

         On August 15, 2016, Plaintiff filed a FIRST AMENDED COMPLAINT. (ECF No. 59).

         On August 25, 2016, Defendant Bed Bath & Beyond, Inc. filed DEFENDANT BED BATH & BEYOND, INC.'S ANSWER TO FIRST AMENDED COMPLAINT FILED AUGUST 15, 2016; DEMAND FOR JURY TRIAL; FIRST AMENDED CROSS-CLAIM AGAINST DEFENDANTS STANLEY BLACK & DECKER, INC. AND STANLEY ACCESS TECHNOLOGIES, LLC. (ECF No. 60).

         On August 26, 2016, Defendant Stanley Access Technologies, LLC, filed DEFENDANT STANLEY ACCESS TECHNOLOGIES LLC'S ANSWER TO FIRST AMENDED COMPLAINT, FILED ON AUGUST 15, 2016; DEFENDANT STANLEY ACCESS TECHNOLOGIES LLC'S CROSS-CLAIM AGAINST DEFENDANT BED BATH & BEYOND, INC. (ECF No. 65).

         On December 27, 2016, the parties filed a STIPULATION FOR DISMISSAL WITH PREJUDICE OF PLAINTIFF'S CLAIMS AGAINST DEFENDANT STANLEY BLACK & DECKER, INC., CROSS-CLAIM OF DEFENDANT BED BATH & BEYOND, INC. AGAINST DEFENDANT STANLEY BLACK & DECKER, INC. AND DEFENDANT STANLEY BLACK & DECKER, INC.'S CROSS-CLAIM AGAINST DEFENDANT BED BATH & BEYOND, INC. (ECF No. 99).

         On April 24, 2017, the Court issued an ORDER GRANTING, IN PART, AND DENYING IN PART, DEFENDANT BED BATH & BEYOND, INC.'S MOTION FOR SUMMARY JUDGMENT. (ECF No. 141).

         On June 19, 2017, Plaintiff filed her FOURTH MOTION TO AMEND/CORRECT THE SCHEDULING ORDER. (ECF No. 159).

         On July 21, 2017, Defendant Stanley Access Technologies, LLC., filed a MEMORANDUM IN OPPOSITION RE FOURTH MOTION TO AMEND/CORRECT THE SCHEDULING ORDER. (ECF No. 168).

         On July 26, 2017, Defendant Bed Bath & Beyond, Inc., filed a STATEMENT OF NO POSITION RE FOURTH MOTION TO AMEND/CORRECT THE SCHEDULING ORDER. (ECF No. 171).

         On August 1, 2017, Plaintiff improperly filed a REPLY TO STANLEY ACCESS TECHNOLOGIES' OPPOSITION RE PLAINTIFF'S FOURTH MOTION TO AMEND/CORRECT THE SCHEDULING ORDER TO GRANT ...


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