Studen v. Funko Inc et al

Filing 57

ORDER: In light of Plaintiffs' 56 July 1, 2024 notice, the court DISMISSES the amended complaint with prejudice and without leave to amend. Signed by Judge James L. Robart. (SS)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 CONSTRUCTION LABORERS PENSION TRUST OF GREATER ST. LOUIS, et al., 12 v. 13 14 ORDER Plaintiffs, FUNKO, INC., et al., Defendants. 15 16 CASE NO. C23-0824JLR On May 16, 2024, the court granted Defendants Funko, Inc., Andrew Perlmutter, 17 and Jennifer Fall Jung’s motion to dismiss the amended complaint. (5/16/24 Order (Dkt. 18 # 53); see also MTD (Dkt. # 39); Am. Compl. (Dkt. # 38).) The court dismissed the 19 amended complaint without prejudice and with leave to amend. (5/16/24 Order at 20 48-49.) On July 1, 2024, lead plaintiff Construction Laborers Pension Trust of Greater 21 St. Louis and named plaintiff Paul Haddock (together, “Plaintiffs”) filed a notice “of their 22 decision not to amend the First Amended Complaint,” and their “inten[t] to pursue their ORDER - 1 1 appellate rights after the Court enters judgment.” (Notice (Dkt. # 56) at 2 (citing WMX 2 Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (“[A] plaintiff, who 3 has been given leave to amend, may not file a notice of appeal simply because he does 4 not choose to file an amended complaint. A further district court determination must be 5 obtained.”)).) 6 In light of Plaintiffs’ July 1, 2024 notice, the court DISMISSES the amended 7 complaint with prejudice and without leave to amend. (See generally Notice; Am. 8 Compl.); see WMX Techs., 104 F.3d at 1136. 9 Dated this 8th day of July, 2024. 10 A JAMES L. ROBART United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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