Johnson v. Pluralsight, LLC

Filing 18

ORDER DISMISSING CASE with prejudice signed by District Judge Morrison C. England, Jr., on 4/18/17. CASE CLOSED(Kastilahn, A)

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HATTON, PETRIE & STACKLER APC
Attorneys at Law
85 Argonaut, Suite 210
Aliso Viejo, CA 92656
Telephone: [phone]
ARTHUR R. PETRIE, II, CAL. BAR NO. 158654
JOHN A. McMAHON, CAL. BAR NO. 237261
Attorneys for Defendant
Pluralsight, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KYLE JOHNSON, individually and on
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behalf of all others similarly situated,
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Plaintiff,
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vs.
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PLURALSIGHT, LLC, a Nevada limited )
liability company; and DOES 1-10,
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inclusive,
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Defendants.
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No. 2:16-cv-01148-MCE-CKD
ORDER OF DISMISSAL
[FRCP RULE 12(b)(6)) &
FRCP RULE 41(b)]
Assigned to Hon. Morrison C.
England, Jr., Courtroom 7, Fourteenth
Floor

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-1ORDER OF DISMISSAL

No. 2:16-CV-01148−MCE−CKD

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ORDER OF DISMISSAL
On 2/17/17, the Court granted defendant Pluralsight, LLC’s, Motion to
Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). As stated in the
order, the complaint in this matter had two causes of action: (1) violation of
California’s Automatic Purchase Renewals Statute (“CAPRS”), codified at
California Business and Professions Code §§ 17600–176061; and (2) violation of
California’s Unfair Competition Law (“UCL”), §§ 17200–17204. The Court’s order
on the motion states as follows:
Defendants’ Motion to Dismiss (ECF No. 5) is
GRANTED and Plaintiff’s First Cause of Action,
brought directly under California’s Automatic
Purchase Renewals Statute, is DISMISSED with
prejudice. Plaintiff’s Second Cause of Action, brought
under the California’s Unfair Competition Law, is also
DISMISSED, but with leave to amend. Not later than
twenty (20) days following the date this Order is
electronically filed, Plaintiff may (but is not required
to) file an amended complaint. If no amended
complaint is filed, the causes of action dismissed by
virtue of this order will be deemed DISMISSED with
prejudice upon no further notice to the parties.
[Order, Docket Document 12, Filed 2/17/17, page 11:10-16.]
An amended filing, per the Court’s order, was due no later than March 9, 2017. No
amended pleading was timely filed. Pursuant to the Court’s prior Order, the
Complaint is hereby DISMISSED with prejudice.
IT IS SO ORDERED.
Dated: April 18, 2017

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-1ORDER OF DISMISSAL

No. 2:16-CV-01148−MCE−CKD