Dixon
(PS) Bator v. Dixon
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ANTHONY BATOR, et al., No. 2:19-cv-0018-TLN-EFB PS Plaintiffs, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
KAREN DIXON, et al., Defendants. 15 This case is before the court on defendant Karen Dixon’s motion to dismiss plaintiffs Anthony Bator and Irene Bator’s complaint for lack of subject matter jurisdiction and failure to state a claim pursuant to Federal Rules of Civil Procedure (“Rule”) 12(b)(1) and 12(b)(6) (ECF No. 7), and the court’s April 23, 2019 order directing plaintiffs’ to show cause why sanctions should not be imposed for failure to timely file a response to defendant Dixon’s motion (ECF No. 14). Plaintiffs have also filed a first amended complaint, which the court construes as a motion for leave to amend the complaint. ECF No. 15. For the following reasons, the order to show cause is discharged and it is recommended that defendant Dixon’s motion to dismiss be granted and plaintiffs’ motion be denied.2