Carter v. Uber Technologies et al

Filing 43

ORDER DISMISSING CASE.***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 10/13/2017. (ndrS, COURT STAFF) (Filed on 10/13/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DARRYL CARTER, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-00003-HSG ORDER DISMISSING CASE v. RASIER-CA, LLC, et al., Defendants. 12 13 On January 3, 2017, Plaintiff Darryl Carter filed a pro se complaint against Defendants 14 Raiser-CA LLC, and Uber Technologies, Inc. On September 15, 2017, the Court granted 15 Defendants’ motion to dismiss the complaint for failure to state a claim upon which relief can be 16 granted. See Dkt. No. 40. The Court instructed Plaintiff that he had until October 6, 2017, to file 17 an amended complaint and cautioned that “[f]ailure to file an amended complaint by this deadline 18 may result in the dismissal of the action without leave to amend.” Id. at 9. Plaintiff failed to file a 19 timely amended complaint. Instead, Plaintiff filed a notice informing the Court that he “does not, 20 at this time, intend to file an amended pleading.” Dkt. No. 41 at 2. 21 The Court interprets Plaintiff’s notice to mean that he cannot allege facts to cure the 22 defects identified in the Court’s previous order. See Dkt. Nos. 40. The Court therefore 23 DISMISSES the case without leave to amend. See Zucco Partners, LLC v. Digimarc Corp., 552 24 F.3d 981, 1007 (9th Cir. 2009) (“[W]here the Plaintiff has previously been granted leave to amend 25 and has subsequently failed to add the requisite particularity to its claims, [t]he district court’s 26 discretion to deny leave to amend is particularly broad.” (quotation omitted)); cf. Edwards v. 27 Marin Park, Inc., 356 F.3d 1058, 1064 (9th Cir. 2004) (“[A] plaintiff may obtain an appealable 28 final judgment by fil[ing] in writing a notice of intent not to file an amended complaint.” 1 (quotation omitted)). 2 The clerk is directed to enter judgment in favor of Defendant and to close the case. 3 IT IS SO ORDERED. 4 5 6 Dated: 10/13/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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