Flam v. Flam

Filing 49

ORDER Withdrawing Leave to Amend and Closing Case signed by District Judge Anthony W. Ishii on 5/16/2016. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAURA J. FLAM,

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CASE NO. 1:12-CV-1052 AWI DLB
Plaintiff
ORDER WITHDRAWING LEAVE TO
AMEND AND CLOSING CASE

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v.

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MARSHALL S. FLAM, M.D.,

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Defendant

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On April 29, 2016, the Court granted Defendant’s motion to dismiss. See Doc. No. 47. As

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part of the order of dismissal, the Court gave Plaintiff leave to amend, but warned Plaintiff that if

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she did “not file a timely amended complaint, leave to amend will be withdrawn and this case will

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be closed without further notice.” Id.

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On May 12, 2016, Plaintiff timely filed a response to the dismissal order. See Doc. No. 48.

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In relevant part, Plaintiff’s response states: “Having considered the Court’s Order, the various

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options and the potential costs with further litigation, Plaintiff has elected not to file an amended

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ERISA complaint.” Id.

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In light of the Court’s warning and Plaintiff’s response, it is apparent that Plaintiff does not

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intend to file an amended complaint or proceed further in this court. Therefore, the Court will

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withdraw leave to amend and close this case.

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Accordingly, IT IS HEREBY ORDERED that:
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The leave to file an amended complaint that was granted on April 29, 2016 (Doc. No. 47)
is WITHDRAWN; and

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The Clerk shall CLOSE this case.

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IT IS SO ORDERED.
Dated: May 16, 2016
SENIOR DISTRICT JUDGE

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