Blue Wing Airlines Finance v. Unical Aviation, Inc.

Good Law
United States District Court, Central District of CaliforniaApril 28, 20238:22-cv-02052California363 words

Opinion

Trial Court Opinion

I. BACKGROUND

Blue Wing initially asserted six causes of action against two defendants, Unical Aviation, Inc. and Platinum Equity. (Compl., Dkt. No. 1.) It then dismissed Platinum from suit on March 3, 2023, (Dkt. No. 21), and then abandoned all but one cause of action, (Opp’n 5, Dkt. No. 20.) The Court dismissed the remaining cause of action, a common count, but allowed Blue Wing leave to amend the Complaint within twenty-one days of March 8, 2023. (Order, Dkt. No. 24.) The Court also ordered Blue Wing to submit in writing by April 21, 2023, why the action should not be dismissed for lack of prosecution and set the scheduling conference hearing for May 1, 2023. (Order to Show Cause, Dkt. No. 23.) Blue Wing has not responded to the Court’s Order to Show Cause.

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 8:22-cv-02052-JVS (ADSx) Date April 28, 2023 Title Blue Wing Airlines Finance v. Unical Aviation, Inc. et al.

I. DISCUSSION

Dismissal of a plaintiff’s complaint under Fed. R. Civ. P 12(b)(6) is proper where the plaintiff does “nothing” following a district court’s order dismissing the claims but granting plaintiff leave to amend. …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.