Gomez et al v. Arizona, State of et al

Filing 132

ORDER that 65 and 66 Defendants' motions to dismiss the RG-Plaintiffs' Amended Complaint (Doc. 57 ) are granted without leave to amend. Defendants' motions to dismiss (Docs. 71 , 73 ) the CG-Plaintiffs' Amended Complaint (Doc. 60 ) is granted without prejudice. All remaining motions are denied as moot. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 5/23/17.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Raymond P Gomez, et al.,
Plaintiffs,

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ORDER

v.

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No. CV-16-04228-PHX-DGC

State of Arizona, et al.,

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Defendants.

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Defendants have filed a total of four motions to dismiss the two separate amended

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complaints pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil

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Procedure. Docs. 65, 66, 71, 73. The motions are fully briefed. Docs. 88, 89, 91,1 95,

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97, 98, 100, 102, 103, 105. For the reasons discussed below, the Court will grant the

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motions. The requests for oral argument are denied because the issues have been fully

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briefed and oral argument will not aid the Court’s decision. See Fed. R. Civ. P. 78(b);

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Partridge v. Reich, 141 F.3d 920, 926 (9th Cir. 1998).

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I.

Background.

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A.

Maricopa County Superior Court Probate Action (PB2015-091767).

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Catalina Gomez stands at the factual heart of this case. In connection with an

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ongoing conservatorship/guardianship matter brought in Maricopa County Superior Court

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(PB2015-091767), Catalina was found incompetent. Doc. 60, ¶ 11. On July 6, 2016,

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Southwest Fiduciary (“SWF”) was appointed as Catalina’s conservator, Brian J. Theut

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Plaintiffs erroneously filed a duplicate copy of Doc. 91, recorded as Doc. 96.

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was appointed as her counsel, and Yvette Banker, of the Banker Law Office PLLC, was

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appointed as her guardian ad litem. Id., ¶¶ 12-13.

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In October 2016, SWF filed an initial inventory and appraisement regarding

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Catalina’s property, and identified a commercial parcel located at 202 E. Broadway Road

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in Mesa, Arizona (the “Property”). Id., ¶ 14. SWF’s inventory assessment estimated the

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value of the Property at about $290,000, and also identified a deed of trust on the

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Property securing a $175,000 loan made to Catalina in 2015. Id., ¶ 15.

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In March or April of 2016, the beneficiary of the deed of trust, Dafni LLC,

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recorded a notice of trustee’s sale on the Property. Id., ¶ 17. On September 30, 2016, the

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trustee’s sale occurred and Dafni purchased the Property with a credit bid of $179,118.16.

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Id., ¶ 18. On October 4, 2016, the trustee executed a trustee’s deed conveying the

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Property to Dafni. Id., ¶ 19. Plaintiffs allege that Defendants failed to take any action to

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avoid the trustee’s sale. Id., ¶ 24.

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On October 27, 2016, Ms. Banker filed a motion for discharge as the guardian ad

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litem, and was subsequently discharged from her responsibilities. Id., ¶ 20. Plaintiffs

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allege that Ms. Banker, in her motion for discharge, asserted that SWF had evaluated the

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Property and determined there was no value in excess of encumbrances. Id., ¶ 21.

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Plaintiffs note that this assertion contradicts SWF’s October 18, 2016 filing stating that

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the Property had more than $100,000 in equity. Id., ¶ 23.

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B.

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On December 5, 2016, Raymond Gomez filed the initial complaint in this action,

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pro se, on behalf of himself and seven other Plaintiffs, including Catalina Gomez, Jesus

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Gomez, Tony Gomez, Maria Helena Gomez, Maria Consuelo Gomez, Maria Luz

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Cabaleiro [sic], and Felicia Rea Gomez. Doc. 1. After Defendants’ counsel met and

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conferred with the Plaintiffs, Plaintiffs agreed to file an amended complaint. See, e.g.,

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Doc. 71 at 2.

Case History.

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On January 30, 2017, a pro-se amended complaint was filed on behalf of “Gomez

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et al.” and was signed by Raymond Gomez, Tony Gomez, Felicia Rea Gomez, Maria Luz

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Caballero, and Maria Gomez. Doc. 57 (“RG-Complaint”).2 On February 1, 2017, a

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separate amended complaint was filed by counsel on behalf of Jesus Gomez, as guardian

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of Catalina Gomez. Doc. 60 (“CG-Complaint”).3 Both amended complaints named

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multiple Defendants, including the State of Arizona, Governor Ducey, Terri Clarke,

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Gregory Dovico, Peggy Dovico, Southwest Fiduciary Incorporated, Brian J Theut, the

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law firm of Theut Theut & Theut PC, and Yvette Banker. Docs. 57, 60.

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The parties later stipulated to dismiss the State of Arizona, Governor Ducey, Terri

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Clarke, Gregory Dovico, Peggy Dovico, and Southwest Fiduciary, Inc. Docs. 84, 101.

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The remaining Defendants, Theut and Banker, now seek dismissal under Rules 12(b)(1)

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and 12(b)(6). Docs. 65, 66, 71, 73.

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II.

Legal Standard.

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A.

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Lack of subject-matter jurisdiction may be raised at any time by the parties or the

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Court. Henderson ex rel. Henderson v. Shinseki, 562 U.S. 428, 434 (2011). “A Rule

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12(b)(1) jurisdictional attack may be facial or factual. In a facial attack, the challenger

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asserts that the allegations contained in a complaint are insufficient on their face to

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invoke federal jurisdiction.” Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th

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Cir. 2004). When considering a facial attack, the Court takes the allegations in the

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plaintiff’s complaint as true. Wolfe v. Strankman, 392 F.3d 358, 362 (9th Cir. 2004).

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The party invoking the Court’s jurisdiction has the burden of establishing it. Spokeo, Inc.

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v. Robins, 136 S. Ct. 1540, 1547 (2016).

Subject-Matter Jurisdiction.

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The Constitution limits the jurisdiction of the federal courts to “Cases” and

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“Controversies.” U.S. Const. art. III, § 2. “No principle is more fundamental to the

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judiciary’s proper role in our system of government.” Raines v. Byrd, 521 U.S. 811, 818

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(1997) (citation omitted). In order to show that a case or controversy exists, a plaintiff

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Plaintiffs connected with the RG-Complaint will be referred to collectively as the
“RG-Plaintiffs.”
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Plaintiffs connected to the CG-Complaint will be referred to collectively as the
“CG-Plaintiffs.”
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must establish that he has standing to bring suit. Lujan v. Defs. of Wildlife, 504 U.S. 555,

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560-61 (1992). A plaintiff has standing if he (1) “has suffered an ‘injury in fact’ that is

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(a) concrete and particularized and (b) actual or imminent, not conjectural or

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hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant;

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and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a

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favorable decision.” Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528

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U.S. 167, 180-81 (2000). “If a plaintiff lacks Article III standing to bring a suit, the

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federal court lacks subject matter jurisdiction and the suit must be dismissed under

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Rule 12(b)(1).” Dunn v. Haag, No. 16-CV-00792-JST, 2017 WL 818863, at *2 (N.D.

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Cal. Mar. 2, 2017).

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B.

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A successful motion to dismiss under Rule 12(b)(6) must show either that the

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complaint lacks a cognizable legal theory or fails to allege facts sufficient to support its

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theory. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). A

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complaint that sets forth a cognizable legal theory will survive a motion to dismiss if it

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contains “sufficient factual matter, accepted as true, to ‘state a claim to relief that is

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plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp.

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v. Twombly, 550 U.S. 544, 570 (2007)). A claim has facial plausibility when “the

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plaintiff pleads factual content that allows the court to draw the reasonable inference that

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the defendant is liable for the misconduct alleged.” Id., 556 U.S. at 678 (citing Twombly,

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550 U.S. at 556). “The plausibility standard is not akin to a ‘probability requirement,’

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but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id.

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(citing Twombly, 550 U.S. at 556).

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III.

Failure to State a Claim.

RG-Complaint.

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The RG-Complaint generally asserts that Defendants have (1) violated the RG-

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Plaintiffs’ constitutional rights protected by the First, Fifth, Thirteenth, and Fourteenth

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Amendments, and (2) violated several federal laws, including the Civil Rights Act of

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1983, 1964, 1986, and the Americans with Disabilities Act. Doc. 57, ¶ 2. Defendants

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move to dismiss the RG-Complaint for failure to state a claim and lack of standing.

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Docs. 65, 66. The RG-Complaint asserts the following factual allegations against the

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Theut Defendants:

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(1) Brian Theut had no contact with Raymond before an unspecified hearing,
despite contacting other children of Catalina;
(2) Another attorney at Theut law firm promised Raymond that the law firm
would keep in contact with him, but it did not;
(3) “Parties had [Raymond’s] contact information and chose to discriminate/not
include Raymond”;
(4) The law firm kept their doors locked during business hours without reason and
only allowed Raymond entrance once;

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(5) “Brian Theut never spoke with Raymond Gomez . . . outside of hearing. No

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court filings were sent to Raymond prior to hearing, violating the 5th and 14th

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amendments. All court filings made prior to hearing were not received by

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plaintiff Raymond Gomez until after the hearing”;

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(6) Defendants “[c]onspired with other white Caucasian officers of the court

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discriminating against plaintiff based on race, disability and sexual orientation

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violating the § 5 ADA 1990, 5th and the 14th amendments”;

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(7) The Theut Defendants “had a legal obligation to represent and defend Catalina

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Gomez as their client. Defendants acted in the best interest of the court and

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themselves.”

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(8) “Actions of defendant Brian Theut can only be explained by conscious

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discrimination or incompetence which caused slavery of Plaintiff Catalina

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Gomez and damaging discrimination against Plaintiff Raymond Gomez.”

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Id., ¶ 13; see also Doc. 65 at 3.
The RG-Complaint makes similar allegations against Defendant Banker, and adds:

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(1) Ms. Banker “testified of hearsay allegations later proven false in court as fact

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in Arizona PB2015-091767 prejudicing court against plaintiff Raymond

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Gomez”;

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(2) Ms. Banker “was told by nonparty in case not to trust [Raymond]’s same sex

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partner”; and
(3) “directly after court hearing . . . [Ms. Banker] and Jennifer Murphy (not [a]

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defendant in this case) verbally attacked [Raymond].

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knowledge of [Raymond’s] disability.”

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They had prior

Doc. 57, ¶ 12.

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A.

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Many of the allegations in the RG-Complaint pertain directly to Catalina Gomez.

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See id., ¶¶ 12-13. But Catalina is not party to the RG-Plaintiffs’ complaint, and the RG-

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Plaintiffs do not allege that they are permitted to assert claims on Catalina’s behalf.

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Rather, Catalina is represented by her own counsel in a separate complaint. See Doc. 60.

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Because the RG-Plaintiffs have no ability to assert Catalina’s claims, all such claims must

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be dismissed.

Claims on behalf of Catalina Gomez.

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B.

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The doctrine of standing requires that a party “assert his own legal rights and

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interests, and cannot rest his claim to relief on the legal rights or interests of third

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parties.” Warth v. Seldin, 422 U.S. 490, 498-99 (1975). RG-Plaintiffs’ claims seem to

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allege that Theut and Banker’s failure in representing Catalina Gomez during the probate

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action caused them, as her children, to be injured. See Doc. 57. But the RG-Complaint

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does not specify what injuries the RG-Plaintiffs actually suffered.

Standing.

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RG-Plaintiffs Tony Gomez, Felicia Gomez, Maria Luz Caballero, and Maria

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Gomez make no specific factual allegations as to their claims at all. Id. Instead, they

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allege only that Theut “[d]id not represent Catalina’s interests, but represented the State

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interests, colluded with other appointed parties instead of protecting Catalina’s interests

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and defending her,” and that Banker “[c]onspired with other white Caucasian officers of

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the court discriminating against plaintiff based on race, disability and violating § 5 ADA

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1990 and the 14th amendment.” See id., ¶¶ 21, 25-26, 28, 32-33, 35, 37-38, 40, 44-45.

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Because the RG-Complaint fails to allege any injury to Tony Gomez, Felicia Gomez,

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Maria Luz Caballero, and Maria Gomez, the claims of those Plaintiffs must fail for lack

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of standing. See Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 570).

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The RG-Plaintiffs do not address standing in their response. See Doc. 88. Instead,

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the RG-Plaintiffs argue that jurisdiction is proper under 28 U.S.C. § 1367. Id. at 6.

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Section 1367 provides for supplemental jurisdiction over state law claims forming part of

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the case and controversy of a claim over which the district court has original jurisdiction.

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28 U.S.C. § 1367. It does not serve to establish standing.

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Plaintiff Raymond Gomez does allege various injuries, as noted above. Although

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the Court concludes that he has failed to state a claim on which relief can be granted, he

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has alleged injury sufficient for standing purposes.

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C.

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The RG-Complaint fails to state a claim upon which relief can be granted against

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the Theut Defendants and Defendant Banker. The complaint alleges that Defendants

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violated the RG-Plaintiffs’ constitutional rights under the First,4 Fifth,5 Thirteenth,6

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Fourteenth,7 and Fifteenth8 Amendments. See Doc. 57. The RG-Plaintiffs also assert

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claims under “§1324, 1964, 1965, 1983, and 1986 Civil Rights Acts” and “[t]he

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Americans with Disabilities Act of 1990.” Id., ¶2. But the RG-Plaintiffs never establish

Failure to State a Claim.

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Doc. 57, ¶¶ 2, 23.1, 24.3, 30.1, 31.3, 35.3, 36.3, 42.1.

Id., ¶¶ 2, 5, 10, 11, 12, 13, 13.5, 13.6, 14, 14.3, 16.13, 20.2, 23.1, 24.3, 30.1,
31.3, 35.3, 36.3, 42.1.
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Id., ¶¶ 2, 5, 14.6, 16.6, 16.13, 16.15, 16.16, 16.17, 20.2, 23.1, 24.3, 30.1, 31.3,
35.3, 36.3, 42.1, 48.
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Id., ¶¶ 2, 5, 10, 12, 13, 13.5, 13.6, 14, 14.3, 14.8, 15.2, 16.13, 17.1, 17.4, 19.4,
20.2, 20.3, 23.1, 24.3, 25, 27, 30.1, 31.3, 32, 34, 35.3, 36.3, 37.1, 39.4, 42.1, 44.1, 46.4.
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Id., ¶¶ 2, 6, 16.6, 23.1, 24.3, 30.1, 31.3, 35.3, 36.3, 42.1).
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the legal basis for any claim in the complaint. Nor do they connect the facts they allege

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to the legal conclusions they assert. Id.

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First, Fifth, Fourteenth, and Fifteenth Amendment.

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The RG-Plaintiffs’ First, Fifth, Fourteenth, and Fifteenth Amendment claims fail

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because they do not allege state action. “[I]t is fundamental that the First Amendment

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prohibits governmental infringement on the right of free speech.

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Fourteenth Amendment, which prohibits the states from denying federal constitutional

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rights and which guarantees due process, applies to acts of the states, not to acts of

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private persons or entities.” Rendell-Baker v. Kohn, 457 U.S. 830, 837-38 (1982). “And

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§ 1983, which was enacted pursuant to the authority of Congress to enforce the

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Fourteenth Amendment, prohibits interference with federal rights under color of state

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law.” Id. “‘[U]nder color’ of law has consistently been treated as the same thing as the

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‘state action’ required under the Fourteenth Amendment.” Id.

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Amendment only protects against federal governmental action infringing on life, liberty,

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or property which is not at issue in this case.” Martinez v. Goddard, 521 F. Supp. 2d

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1002, 1012 (D. Ariz. 2007) (citing Fidelity Financial Corp. v. Federal Home Loan Bank,

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792 F.2d 1432, 1435 (9th Cir. 1986)). And the Fifteenth Amendment states that “[t]he

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right of citizens of the United States to vote shall not be denied or abridged by the United

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States or by any State on account of race, color, or previous condition of servitude.” U.S.

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Const. amend. XV, § 1 (emphasis added).

Similarly, the

Similarly, “the Fifth

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Because the state defendants have been dismissed (see Docs. 84, 101), and the

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RG-Plaintiffs make no claim that the Theut and Banker Defendants acted “under color of

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state law” or on behalf of the federal government, their First, Fifth, Fourteenth, and

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Fifteenth Amendment claims will be dismissed.

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2.

Thirteenth Amendment.

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“Federal courts have held that the Thirteenth Amendment does not give rise to an

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independent cause of action against private parties; plaintiffs must instead base such

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claims on one of the statutes implementing the Thirteenth Amendment, such as [42

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U.S.C.] § 1994.” Del Elmer; Zachay v. Metzger, 967 F. Supp. 398, 402-03 (S.D. Cal.

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1997); see also, 42 U.S.C. § 1994 (“The holding of any person to service or labor under

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the system known as peonage is abolished and forever prohibited in any Territory or State

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of the United States” and “any attempt . . . made to establish . . . the voluntary or

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involuntary service or labor of any persons as peons, in liquidation of any debt or

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obligation, or otherwise, are declared null and void.”).

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authority that would allow a claim to proceed directly under the Thirteenth Amendment

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against private parties such as the Defendants here.

The RG-Plaintiffs cite no

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Furthermore, even if such a cause of action existed, the RG-Plaintiffs have alleged

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no facts indicating that either Theut or Banker subjected them to involuntary servitude.

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“‘Involuntary servitude’ has been held to mean action by a master causing a servant to

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have, or believe he or she has, no way to avoid continuing to work for the master.” See

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Metzger, 967 F. Supp. at 402-03. The RG-Plaintiffs have not alleged that they worked

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for Defendants in any way. Accordingly, the RG-Plaintiffs’ Thirteenth Amendment

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claims must be dismissed.

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3.

Federal Law Claims.

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The RG-Plaintiffs fail to allege sufficient facts in support of their claims under

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“§1343, 1964, 1965, 1983, 1985 and 1986 Civil Rights Acts” and “[t]he Americans with

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Disabilities Act of 1990.” Doc. 57, ¶2. The RG-Plaintiffs’ claims under §§ 1983, 1985,

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and 1986 fail because they require state action. See 42 U.S.C. §§ 1983, 1985, 1986. The

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claim under “§ 1343,” which the Court presumes to refer to 28 U.S.C. § 1343, also fails.

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Section 1343 merely provides that the district courts have original jurisdiction over

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claims to recover damages for injuries to person or property under § 1985 and other

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federal statutes protecting civil rights, and “[t]o redress the deprivation, under color of

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any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or

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immunity secured by the Constitution of the United States or by any Act of Congress

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providing for equal rights of citizens or of all persons within the jurisdiction of the United

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States.” 28 U.S.C. § 1343. Section 1343 does not create a claim for relief in its own

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right. Furthermore, because it allows for jurisdiction over claims that require state action,

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it fails as a matter of law.

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The RG-Plaintiffs also assert claims under §§ 1964 and 1965, which the Court

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presumes to refer to 18 U.S.C. §§ 1964-65. Section 1964 establishes the civil remedies

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available under the Racketeer Influenced and Corrupt Organizations Act (RICO). See 18

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U.S.C. § 1964. Section 1965 details the proper venue and process for bringing such an

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action. See 18 U.S.C. § 1965. To the extent the RG-Plaintiffs attempt to assert a civil

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RICO claim, they fail to allege sufficient facts. To state a claim under RICO, the RG-

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Plaintiffs must assert specific facts alleging establishing how and why it is plausible that

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Defendants violated the act.

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The RG-Plaintiffs’ final federal law claim is made under “[t]he Americans with

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Disabilities Act of 1990.” Doc. 57, ¶ 2. The RG-Plaintiffs assert that “Plaintiff Raymond

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Gomez is a disabled, Hispanic male in a same sex relationship. Which did, but should

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have had no bearing in Arizona PB2015-091767 or any other case before the courts,” and

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that “Plaintiff Catalina Gomez a Hispanic, disabled, Democrat.” Id., ¶¶ 5.1, 15.6. First,

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as discussed above, the RG-Plaintiffs may not assert claims on behalf of their mother,

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Catalina Gomez. Any claims asserted on her behalf must be dismissed. Second, the RG-

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Plaintiffs fail to allege any specific facts in support of their claim that Defendants’

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conduct violated the ADA. See id.

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D.

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“A pro se litigant must be given leave to amend his or her complaint unless it is

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absolutely clear that the deficiencies of the complaint could not be cured by amendment.”

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Karim-Panahi v. L.A. Police Dep’t, 839 F.2d 621, 623 (9th Cir. 1988) (quotation marks

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omitted). But “[a] district court does not err in denying leave to amend where the

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amendment would be futile.” Gardner v. Martino, 563 F.3d 981, 990 (9th Cir. 2009)

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(citing Thinket Ink Info. Res., Inc. v. Sun Microsystems, Inc., 368 F.3d 1053, 1061 (9th

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Cir. 2004)).

Amendment.

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Amendment in this instance would be futile. As described above, most of the RG-

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Plaintiffs’ claims fail as a matter of law for want of state action. The only two claims that

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do not require state action are the ADA and RICO claims. But after two opportunities to

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plead facts in support of those claims, the RG-Plaintiffs have failed provide even a single

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suggestion of how Defendants could have violated either statute. This lawsuit is against

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the attorney and guardian for Plaintiffs’ mother. The Court can see no situation where

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such a claim could arise under the ADA. ADA claims can arise from employment

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discrimination, but the RG-Plaintiffs have no employment relationship with Defendants.

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ADA claims can arise through disability discrimination in public accommodation, but

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Defendants provide no such accommodations. It is equally implausible that the legal

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work of lawyers and guardians, even if in some sense defective, could amount to

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racketeering. Given the nature of this case and the fact that the RG-Plaintiffs have twice

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failed to plead any facts that could support ADA and RICO claims, the Court finds that

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further amendment would be futile. The Court will dismiss the RG-Complaint without

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leave to amend.

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III.

CG-Complaint.

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The CG-Plaintiffs allege that Mr. Theut and Ms. Banker and their firms are liable

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for damages because they took no action to avoid the trustee’s sale or to prevent the loss

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of Catalina’s property. Doc. 60. Specifically, the CG-Complaint asserts the following

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state law causes of action: (1) Breach of Fiduciary Duty, (2) Legal Malpractice, (3)

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Negligent Misrepresentation, (4) Exploitation of a Vulnerable Adult, (5) Officer and

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Director Liability. Id., ¶¶ 29, 34, 41, 51. These are all state law claims.

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The CG-Plaintiffs allege that this Court has supplemental jurisdiction over their

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state claims pursuant to 28 U.S.C. § 1367. But with the federal claims of the RG-

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Plaintiffs dismissed, the Court has discretion to dismiss the remaining state law claims.

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28 U.S.C. § 1367(c)(3). “To decline jurisdiction under section 1367(c)(3), the district

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court must first identify the dismissal that triggers the exercise of discretion and then

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explain how declining jurisdiction serves the objectives of economy, convenience and

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fairness to the parties, and comity.” Trs. Of Constr. Indus. & Laborers Health & Welfare

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Tr. v. Desert Valley Landscape and Maint., Inc., 333 F.3d 923, 925 (9th Cir. 2003).

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The CG-Plaintiffs’ state law claims are most properly addressed by the courts of

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Arizona – courts charged with administering the laws of Arizona and more familiar with

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state law claims. This is particularly true given the state-court origins of this case and the

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state procedures governing guardianships. Courts have recognized that when all federal

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claims are eliminated early in a case and only state claims remain, the district court has “a

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powerful reason to choose not to continue to exercise jurisdiction.” Carnegie-Mellon

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Univ. v. Cohill, 484 U.S. 343, 348-51 (1988); see Ove v. Gwinn, 264 F.3d 817, 821, 826

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(9th Cir. 2001) (holding that the district court properly declined to exercise supplemental

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jurisdiction after granting defendants’ motion to dismiss federal claims).

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Furthermore, the Court doubts that even § 1367 jurisdiction exists. The CG-

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Plaintiffs and RG-Plaintiffs are distinct parties bringing distinct causes of action. See

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Docs. 57, 60. The CG-Plaintiffs do not cite, nor has the Court found, a single case where

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one plaintiff was permitted to bring state law claims in a separate complaint in federal

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court under § 1367 because a different plaintiff in a different complaint asserted federal

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claims. Compare Freedom from Religion Found., Inc. v. Geithner, 644 F.3d 836, 843

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(9th Cir. 2011) (The “requirement [that an intervening party show independent

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jurisdictional grounds for their independent claims] stems, however, from our concern

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that intervention might be used to enlarge inappropriately the jurisdiction of the district

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courts. This concern manifests itself most concretely in diversity cases where proposed

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intervenors seek to use permissive intervention to gain a federal forum for state-law

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claims over which the district court would not, otherwise, have jurisdiction.”). The Court

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need not address this issue, however, given its discretionary decision to dismiss the CG-

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Plaintiffs’ claims.

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IT IS ORDERED:

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1.

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Defendants’ motions to dismiss (Docs. 65, 66) the RG-Plaintiffs’ Amended
Complaint (Doc. 57) are granted without leave to amend.

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2.

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Defendants’ motions to dismiss (Docs. 71, 73) the CG-Plaintiffs’ Amended
Complaint (Doc. 60) is granted without prejudice.

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All remaining motions are denied as moot.

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The Clerk is directed to terminate this action.

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Dated this 23rd day of May, 2017.

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