Leprino Foods Company v. JND Thomas Company, Inc., et al.

Filing 46

ORDER DISMISSING COMPLAINT as to Defendant: Dennis Thomas; ORDER that Judgment be Issued Against Defendant JND Thomas Company, Inc.; ORDER DIRECTING that the Case be Closed, signed by Chief Judge Lawrence J. O'Neill on 05/24/2017. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEPRINO FOODS COMPANY,

Case No. 1:16-cv-01181-LJO-SAB

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Plaintiff,

ORDER DISMISSING COMPLAINT AS
TO DEFENDANT DENNIS THOMAS

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v.

ORDER THAT JUDGMENT BE ISSUED
AGAINST DEFENDANT JND THOMAS
COMPANY, INC.

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JND THOMAS COMPANY, INC., et al.,
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Defendants.

ORDER DIRECTING THAT THE CASE
BE CLOSED

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Plaintiff Leprino Foods Company ("Leprino") filed this lawsuit against JND Thomas

19 Company, Inc. ("JND") and Dennis Thomas ("Thomas") for damages arising out of a contract
20 for waste disposal. Leprino also pled a negligence claim against Thomas in his individual
21 capacity. The defendants failed to respond to the complaint, and Leprino filed a motion for
22 default judgment as to both defendants. Default judgment was granted as to the claims against
23 JND, but Leprino's default judgment motion as to Thomas was held in abeyance to allow
24 Leprino to amend its allegations against Thomas. Leprino filed a second amended complaint in
25 April, but upon review of the amended complaint, the Court determined the negligence claim
26 against Thomas remained insufficiently pled and denied Leprino's motion for default judgment.
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In denying the motion as to Thomas, the Court permitted Leprino 14 days leave to once

2 again amend the negligence claim against Thomas, but Leprino failed to file an amended
3 complaint. For all the reasons stated in the Court's May 2, 2017, order (Doc. 45), the negligence
4 claim as to defendant Thomas is not cognizable and is dismissed with prejudice.
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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

failure to state a claim (Doc. 45);

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2.

Judgment shall be entered against JND as set forth in the Court's January 31,
2017, order (Doc. 35); and

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Leprino's complaint against Defendant Thomas is dismissed with prejudice for

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The Clerk of this Court is DIRECTED to close this case.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 24, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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