Zuckerman Family Farms, Inc. et al v. Bidart Bros.

Filing 24

ORDER DISMISSING with Prejudice, signed by District Judge Anthony W. Ishii on 04/8/15. CASE CLOSED (Martin-Gill, S)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 ZUCKERMAN FAMILY FARMS, INC., a California corporation; and BELLA BRANDS, LLC, a California limited liability company, 15 16 v. BIDART BROS., a California corporation, and DOES 1 through 20, inclusive, Defendants. 17 18 ORDER DISMISSING THE ACTION AND CLOSING THE CASE Plaintiffs, 13 14 1:14-cv-01529-AWI-BAM __________________________________/ 19 20 On April 2, 2014, this Court ordered Plaintiff to show cause why this action should not be 21 dismissed and the case closed for failure to comply with this Court’s December 17, 2014 order 22 and for failure to prosecute. On April 7, 2014, Plaintiff responded by directing this Court to the 23 language of its December 17, 2014 order: “[a]ny amended complaint must be filed within 60 24 days….” Doc. 17 at 19. Plaintiff correctly notes that this language did not require the filing of an 25 amended complaint. However, because all of Plaintiff’s claims were dismissed for lack of 26 standing or failure to state a claim, Plaintiff’s failure to file an amended complaint effectively 27 terminates this action. 28 1 1 Because there are no remaining claims before this Court and Plaintiff failed to file an 2 amended complaint within the time provided for amendment, and because Plaintiff has failed to 3 prosecute this action, this action will be dismissed with prejudice.1 Fed. R. Civ. P. 41(b); see 4 Doc. 22. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. This action is dismissed with prejudice; 7 2. The Clerk of the Court is respectfully directed to close this case. 8 This order terminates this action. 9 10 IT IS SO ORDERED. 11 Dated: April 8, 2015 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff’s first and second causes of action were dismissed for lack of standing. Despite that determination, no part of this order precludes a party or parties with standing from bringing suit based on the Plant Variety Protection Act. 2

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