Michael Ben Graves v. Teamsters Union Local 572 et al
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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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 11-5173 PSG (FMOx)
Title
Michael Ben Graves v. IBT Local 572, et al.
Present:
Date
Sept. 19, 2011
The Honorable Philip S. Gutierrez, United States District Judge
Wendy K. Hernandez
Deputy Clerk
Not Present
Court Reporter
Attorneys Present for Plaintiff(s):
Attorneys Present for Defendant(s):
Not Present
Proceedings:
n/a
Tape No.
Not Present
(In Chambers) Order DISMISSING case
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 Middleton, 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 Court’s Order 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.
IT IS SO ORDERED.
CV 11-5173 PSG (FMOx) (09/11)
CIVIL MINUTES - GENERAL
Page 1 of 1
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