Brixius v. American Transfer Co., et al.

Filing 15

ORDER DISMISSING Plaintiff's Complaint signed by Chief Judge Lawrence J. O'Neill on 05/15/2017. CASE CLOSED.(Flores, E)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 CHARLES JOSEPH BRIXIUS, 9 Plaintiff, 10 1:17-cv-00114-LJO-EPG ORDER DISMISSING PLAINTIFF'S COMPLAINT v. 11 AMERICAN TRANSFER CO., a California corporation; AMERICAN TRANSFER CO. 12 PENSION PLAN, Defendants. 13 14 On April 20, 2017, the Court dismissed Plaintiff's complaint, but granted 14 days leave to 15 16 amend. Plaintiff did not file an amended complaint; therefore, Plaintiff's ERISA claim is dismissed 1 17 with prejudice due to the deficiencies noted in the Court's April 20, 2017, order. (Doc. 13.) All 18 deadlines and hearings are VACATED, and the Clerk of Court is DIRECTED to close this case. 19 20 IT IS SO ORDERED. 21 Dated: /s/ Lawrence J. O’Neill _____ May 15, 2017 UNITED STATES CHIEF DISTRICT JUDGE 22 23 24 25 1 This dismissal is without prejudice to any unpled state-law contract claims that may exist. 1

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