Arroyo

Arroyo v. Davi, LLC

Good Law
United States District Court, Eastern District of CaliforniaFebruary 25, 20222:21-cv-00273California397 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RAFAEL ARROYO, No. 2:21-cv-00273-MCE-DB Plaintiff, v. ORDER DAVI, LLC, a California limited liability company, 15 Defendant.

17 On January 27, 2022, the Court granted Defendant Davi, LLC’s Motion to Dismiss Plaintiff’s Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6)1 and Plaintiff Rafael Arroyo (“Plaintiff”) was given twenty (20) days to file an amended complaint. See ECF No. 16 at 9 (“If no amended complaint is timely filed, the causes of action dismissed by virtue of this Memorandum and Order will be deemed dismissed with prejudice upon no further notice to the parties.”). Plaintiff timely informed the Court on February 16, 2022, “that he does not intend to file an amended Complaint and will instead stand on his pleadings.” ECF No. 18 at 1. “When the plaintiff timely responds with a formal notice of his intent not to amend, the threatened dismissal merely ripens into a final, appealable judgment.” Edwards v. Marin…

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