Eagle Canyon Owners' Association v. Waste Management, Inc. et al
| Eagle Canyon Owners' Association |
| Waste Management, Inc. and USA Waste of California, Inc. |
| 3:2016cv02811 |
| November 15, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Larry Alan Burns |
| William V. Gallo |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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| Document Text |
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Filing
33
ORDER denying 26 Motion to Amend and granting 7 Motion to Dismiss for Failure to State a Claim and for Lack of Jurisdiction. Before the Court decides California Waste's motion to dismiss for failure to state a claim, the Court must ensure that subject matter jurisdiction exists. Eagle Canyon has two options: (1) file a motion for leave to amend addressing the lack of subject matter jurisdiction; or (2) file a joint motion to dismiss without prejudice to refiling in state court. Eagle Canyon must file one of these motions on or before 7/26/2017. If necessary, California Waste may file an opposition on 8/2/2017. Signed by Judge Larry Alan Burns on 7/13/2017. (fth)
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