G&M Farms Inc., v Britz-Simplot Grower Solutions LLC, et al.

Filing 19

ORDER Dismissing Action and Closing Case, signed by District Judge Lawrence J. O'Neill on 6/19/13. CASE CLOSED. (Verduzco, M)

1
2
3

UNITED STATES DISTRICT COURT

4

FOR THE EASTERN DISTRICT OF CALIFORNIA

5
6

G&M FARMS, INC.,

7
8
9
10

Plaintiff,

ORDER DISMISSING ACTION AND
CLOSING CASE

v.
BRITZ-SIMPLOT GROWER
SOLUTIONS, LLC, et al.,
Defendants.

11

/

12
13

Case No. 1:13-cv-0368 LJO MJS

By order filed May 29, 2013, the Court granted Defendants Britz-Simplot Grower Solutions,

14

LLC and Tom Branson’s (collectively “Defendants’”) motion to dismiss for lack of subject matter

15

jurisdiction and gave Plaintiff G&M Farms, Inc. (“Plaintiff”) until June 18, 2013 to file an amended

16

complaint to the extent that Plaintiff believed in good faith that it could cure the jurisdictional issues

17

raised in the Court’s order. The Court advised Plaintiff that if it did not file an amended complaint,

18

the Court would (1) dismiss this action without prejudice to Plaintiff bringing its claims in state court

19

and (2) close this case.

20

Plaintiff has not filed an amended complaint.

21

Accordingly, the Court:

22

1.

23

DISMISSES this action without prejudice to Plaintiff bringing its claims in state court;
and

24

///

25

///

26

///

27

///

28

///

2.

1

DIRECTS the Clerk of the Court to close this case.

2
3
4
5

IT IS SO ORDERED.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated:

June 19, 2013

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

66h44d