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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Arcus Equity II, LLC,
Plaintiff,

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vs.
Mission Capital Advisors, Inc., et al.,
Defendants.

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No. CV-11-1453-PHX-PGR

ORDER

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On August 30, 2011, the Court entered an order (Doc.11) that dismissed

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the complaint in this action for lack of subject matter jurisdiction due to the

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plaintiff’s failure to properly allege the existence of diversity of citizenship

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jurisdiction, required the plaintiff to file an amended complaint no later than

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September 12, 2011 that cured the deficient jurisdictional allegations, and

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advised the plaintiff that this action would be dismissed for lack of subject matter

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jurisdiction if the required amended complaint was not timely filed. On

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September 15, 2011, the plaintiff, instead of filing a notice of voluntary dismissal

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pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), filed a Notice of Intention Not to Submit

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Amended Complaint (doc. 12) wherein it states that it has elected not to file an

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amended complaint and that it was reserving its right to commence a separate

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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.

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