Michael Ben Graves v. Teamsters Union Local 572 et al
| Michael Ben Graves |
| Rick Middleton, Traci Smith, Teamsters Union Local 572, Atlantic Express, Does and Lourdes Garcia |
| 2:2011cv05173 |
| June 21, 2011 |
| US District Court for the Central District of California |
| Philip S. Gutierrez |
| Fernando M. Olguin |
| Contract: Other |
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Filing
52
MINUTE ORDER IN CHAMBERS DISMISSING case by Judge Philip S. Gutierrez: On August 17, 2011, the Court issued an Order denying Plaintiff Michael Ben Graves' ("Plaintiff") motions for remand and granting Defendants IBT Local 572, Rick Mid dleton, Traci Smith, Lourdes Garcia, and Atlantic Express, Inc.'s (collectively, "Defendants") motions to dismiss. See Dkt. # 48 (Aug. 17, 2011). Plaintiff was granted leave to file an amended pleading in accordance with the Courts Ord er by September 7, 2011. Further, he was specifically instructed that failure to do so would result in dismissal of his claim with prejudice. Id. It is now approximately two weeks after the September 7, 2011 deadline has passed, and Plaintiff has yet to file an amended pleading in this matter. He failed to adhere to the Court's clear instruction, choosing instead to file yet another motion seeking to remand this action and void the Court's August 17, 2011 Order. Thus, in light of the foregoing, the Court DISMISSES this action with prejudice. All other pending motions in this action are hereby rendered MOOT. (Made JS-6. Case Terminated.) (bm)
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Filing
48
MINUTES (IN CHAMBERS): ORDER DENYING Plaintiff's motions for remand; GRANTING Defendants' motions to dismiss by Judge Philip S. Gutierrez: Thus, based on the foregoing, the Court DENIES Plaintiff's motions for remand, and GRANTS Defend ants' motions to dismiss. As noted above, Plaintiff has leave to file an amended pleading in accordance with this Order with respect to his cause of action for conversion. Plaintiff has until September 7, 2011 to do so. Failure to file an amende d pleading will result in dismissal of his claim with prejudice. Further, while the Court declines at this time to declare Plaintiff a "vexatious litigant" and require him to post a $50,000 bond, per Atlantic Express's request, th e Court nonetheless wishes to inform Plaintiff that his practice of filing multiple successive motions seeking the same relief is both unnecessary and inappropriate. Plaintiff is hereby on notice that if such practices continue, or if Plaintiff files any other motions unsupported by fact or law, the Court will issue sanctions, including monetary sanctions, striking the pleadings, or dismissing the case in its entirety. (see document for further details) (bm)
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