Carlos Malacon v. Verizon Communications, Inc.
Filing
48
MINUTES IN CHAMBERS-COURT ORDER by Judge George H Wu. On January 28, 2025, the parties filed a Joint Report wherein it is stated that: "Plaintiff does not intend to file a Second Amended Complaint. Accordingly, the Parties respectfully request t hat the Court enter judgment in this matter and vacate the January 30, 2025 OSC hearing." Based on that Report, the Court takes the January 30 hearing off-calendar and orders that the case be dismissed for the reasons previously set forth at Dkt . Nos. 33-34, 36-38. It is noted that the Court will not enter a judgment as requested by the parties because all of its prior rulings were as to procedural issues such as personal jurisdiction and standing, and not on the merits of any of Plaintiffs' claims. (See document for further details). (Case Terminated. Made JS-6.) (aco)
JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 24-1431-GW-JPRx
Title
Carlos Malacon v. Verizon Communications, Inc.
Present: The Honorable
Date
January 29, 2025
GEORGE H. WU, UNITED STATES DISTRICT JUDGE
Javier Gonzalez
None Present
Deputy Clerk
Court Reporter / Recorder
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
None Present
None Present
PROCEEDINGS:
IN CHAMBERS - COURT ORDER
In the operative First Amended Complaint, plaintiffs Carlos Malacon, Caleb Beuter, and Shawn
Stroud brought this nationwide class action against defendant Verizon Communications, Inc. alleging a data
breach as to approximately 63,000 of Defendant’s employees. See Dkt. No. 13. On October 21, 2024, this
Court granted Defendant’s Fed. R. Civ. P. 12(b)(2) motion to dismiss plaintiffs Beutler and Stroud’s claims
for lack of personal jurisdiction. See Dkt. Nos. 33-34. On November 18, 2024, the Court granted
Defendant’s motion to dismiss the remaining Plaintiff’s (i.e. Malacon’s) claims under Fed. R. Civ. P.
12(b)(1) for lack of Article III standing, but with leave to file an amended complaint by December 18,
2024. See Dkt. Nos. 36-38. Plaintiff Malacon did not file an amended complaint by said date (see Dkt. No.
41) and on January 6, 2025, an order to show cause re lack of prosecution was issued with a hearing date
of January 30, 2025.
On January 28, 2025, the parties filed a Joint Report wherein it is stated that: “Plaintiff does not
intend to file a Second Amended Complaint. Accordingly, the Parties respectfully request that the Court
enter judgment in this matter and vacate the January 30, 2025 OSC hearing.” Based on that Report, the
Court takes the January 30 hearing off-calendar and orders that the case be dismissed for the reasons
previously set forth at Dkt. Nos. 33-34, 36-38. It is noted that the Court will not enter a judgment as
requested by the parties because all of its prior rulings were as to procedural issues such as personal
jurisdiction and standing, and not on the merits of any of Plaintiffs’ claims.
:
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
JG
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