Ingalls v. AMG Demolition & Environmental Services et al
| Todd Ingalls |
| AMG Demolition & Environmental Services, Kelly & Assoc., Inc., Balfour Beatty Construction, LLC, Zephyr Partners-Re, LLC, 36 Bhill Owner, LLC, De Waal Enterprises, Inc., Steve Gaetske Trucking LLC, Just Truckin Inc., Wollaston Transportation, Phillip Pickett Trucking, Noriega & Partners Trucking, Marrams Trucking, Atkin Trucking and Franklin Trucking |
| 3:2017cv02013 |
| September 29, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Anthony J. Battaglia |
| Mitchell D. Dembin |
| Environmental Matters |
| 42 U.S.C. ยง 6972 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
66
ORDER Granting in Part and Denying in Part 56 Defendants' Motion to Dismiss Plaintiff's First Amended Complaint. The Court GRANTS in part and DENIES in part Defendants motion to dismiss Plaintiff's FAC. (Doc. No. 50) The dismissal i s without prejudice and with leave to amend. Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) ("Dismissal with prejudice and without leave to amend is not appropriate unless it is clear... that the complaint could not b e saved by amendment."). Plaintiff will have thirty (30) days from the date of this Order to file his second amended complaint addressing the deficiencies noted herein. No new claims or parties may be added without leave of Court. Signed by Judge Anthony J. Battaglia on 1/22/2019. (acc)
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Filing
46
ORDER granting in part and denying in part 20 Defendants' Motion to Dismiss Plaintiff's Complaint. As this is only Ingalls's first complaint, he is granted leave to amend. Ingalls mustfile his first amended complaint within fourteen (14) days from the issuance of this Ordercuring the deficiencies noted herein. Failure to file an amended complaint will result indismissal of this action. Additionally, as the Court has not dismissed Ingalls's complaint with prejudice, Moving Defendants' request for costs pursuant to Fed. R. Civ. P. 54(d) isDENIED.. Signed by Judge Anthony J. Battaglia on 5/4/2018. (acc)
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