ARCUS Equity II LLC v. Mission Capital Advisors LLC et al

Filing 13

ORDER that this action is dismissed for lack of subject matter jurisdiction. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Paul G Rosenblatt on 9/19/11. (TLJ)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Arcus Equity II, LLC, Plaintiff, 11 12 13 14 vs. Mission Capital Advisors, Inc., et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. CV-11-1453-PHX-PGR ORDER 15 16 On August 30, 2011, the Court entered an order (Doc.11) that dismissed 17 the complaint in this action for lack of subject matter jurisdiction due to the 18 plaintiff’s failure to properly allege the existence of diversity of citizenship 19 jurisdiction, required the plaintiff to file an amended complaint no later than 20 September 12, 2011 that cured the deficient jurisdictional allegations, and 21 advised the plaintiff that this action would be dismissed for lack of subject matter 22 jurisdiction if the required amended complaint was not timely filed. On 23 September 15, 2011, the plaintiff, instead of filing a notice of voluntary dismissal 24 pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), filed a Notice of Intention Not to Submit 25 Amended Complaint (doc. 12) wherein it states that it has elected not to file an 26 amended complaint and that it was reserving its right to commence a separate 1 2 3 4 action against the defendants in the future. Therefore, IT IS ORDERED that this action is dismissed for lack of subject matter jurisdiction. The Clerk of the Court shall enter judgment accordingly. DATED this 19th day of September, 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-

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