Rock N' Roll Foods, LLC et al v. Frazer et al

Filing 9

ORDER that 4 Motion to Dismiss is GRANTED; all of plaintiffs' claims are dismissed without prejudice, but this case will not yet be closed. Plaintiffs have 10 days to file a proper motion for leave to amend in compliance with the local rules and with the proposed draft amended complaint attached. Signed by Judge Jennifer A. Dorsey on 6/29/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Rock n’ Roll Foods, LLC; Richard “Rocky” Parks,

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2:15-cv-00988-JAD-CWH

Plaintiffs,

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v.

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Stephen Frazer et al.,

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Order Granting Motion to Dismiss
[#4]
Defendants.

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In this removed action, plaintiffs Rock n’ Roll Foods, LLC and Richard “Rocky” Parks allege

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nine claims ranging from breach of contract to securities fraud, all without any facts to support them.

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Doc. 1 at 6–18. Defendants Stephen Frazer and Emerging Technology Corporation move to dismiss

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this action for failure to state a plausible claim. Doc. 4. By their response, plaintiffs do not deny the

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insufficiency of their initial pleading; they argue instead that their proposed first amended complaint

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cures any deficiency and survives dismissal. Unfortunately, they’ve neither attached that new

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pleading nor moved for leave to file it. See Doc. 7

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As plaintiffs tacitly concede the merits of the defendants’ motion to dismiss, IT IS HEREBY

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ORDERED that the Motion to Dismiss [Doc. 4] is GRANTED; all of plaintiffs’ claims are

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dismissed without prejudice, but this case will not yet be closed. Plaintiffs have 10 days to file

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a proper motion for leave to amend in compliance with the local rules and with the proposed draft

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amended complaint attached. The briefing on the motion for leave to amend will proceed in the

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normal course. If plaintiffs fail to file a timely motion for leave to amend, or if they fail to

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demonstrate that leave is proper, this case may be closed.

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Dated this 29th day of June, 2015.

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Jennifer A. Dorsey
nnifer Dorsey
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United States District Judge
nited States
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Judge
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