Blue Wing Airlines Finance v. Unical Aviation, Inc.
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. …