Dugas v. Starwood Hotels & Resorts Worldwide, Inc. et al
||Starwood Hotels & Resorts Worldwide, Inc., HST Lessee San Diego, LP and HST GP San Diego, LLC
||January 5, 2016
||US District Court for the Southern District of California
||San Diego Office
||Gonzalo P. Curiel
||Barbara Lynn Major
|Nature of Suit:
||Other Personal Property Damage
|Cause of Action:
|Jury Demanded By:
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|June 28, 2017
ORDER Dismissing Second Amended Complaint. The Court DISMISSES this action without prejudice. See John Birch Soc'y v. Nat'l Broad. Co., 377 F.2d 194, 198 (2d Cir. 1967) (finding discretion not abused in dismissing case where the court point ed out pleading errors related to subject matter jurisdiction which were ignored). Plaintiff has 14 days from the date of this Order to file an amended complaint that cures the deficiencies identified by this Order, that makes a plausible showing tha t CAFA's jurisdictional threshold has been met, and that permits the Court to assess whether CAFA's mandatory "local controversy" exception applies. The Court warns that failure to do so will result in a final Order dismissing thi s civil action either for want of CAFA jurisdiction or for failure to prosecute in compliance with a Court order requiring amendment. See Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 2005) ("If a plaintiff does not take advantage of the opportunity to fix his complaint, a district court may convert the dismissal of the complaint into dismissal of the entire action."). Signed by Judge Gonzalo P. Curiel on 6/28/2017. (acc)
|November 3, 2016
ORDER Granting in Part and Denying in Part Defendants' 22 Motion to Dismiss. The Court grants Plaintiff twenty days from the issuance of this Order to file a Second Amended Complaint. Failure to meet the twenty-day deadline to file an amended complaint or failure to cure the deficiencies identified in this Order will result in a dismissal with prejudice. Signed by Judge Gonzalo P. Curiel on 11/3/16. (dlg)
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