Dixon

(PS) Bator v. Dixon

Good Law
United States District Court, Eastern District of CaliforniaSeptember 4, 20192:19-cv-00018California2,735 words

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

26 1…

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.