Robert Tanner v. Southern Glazer’s Wine and Spirits, LLC

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT TANNER, Case No. 2:24-cv-3664-DJC-CSK 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS FOR FAILURE TO

13 v. PROSECUTE 14 SOUTHERN GLAZER’S WINE AND

SPIRITS, LLC,

15 Defendant. 16 17 Plaintiff Robert Tanner, proceeding without the aid of counsel, filed this action in 18 San Joaquin County Superior Court on November 22, 2024.1 Compl. (ECF No. 1, Exh. 19 1). On December 20, 2024, Defendant Southern Glazer’s Wine and Spirits, LLC 20 removed this action to this Court. Removal (ECF No. 1). On January 3, 2025, Defendant 21 filed a motion to dismiss (ECF No. 3) and on January 13, 2025, Plaintiff filed a motion to 22 remand (ECF No. 10). The Court issued Findings and Recommendations on May 21, 23 2025 recommending denying Plaintiff’s motion to remand, granting Defendant’s motion 24 to dismiss, and granting Plaintiff thirty (30) days of any order adopting the Findings and 25 Recommendations to file an amended complaint. 5/21/2025 Findings and 26 Recommendations…