HealthNOW Medical Center, Inc v. State Farm General Insurance Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HEALTHNOW MEDICAL CENTER, INC, Case No. 20-cv-04340-HSG

Plaintiff, ORDER TO SHOW CAUSE v.

STATE FARM GENERAL INSURANCE

CO.,

11 Defendant. 12 On December 10, 2020, the Court granted Defendant State Farm General Insurance Co.’s motion to dismiss Plaintiff HealthNOW Medical Center, Inc.’s second amended complaint. Dkt. No. 40. The Court granted Plaintiff leave to file an amended complaint within 21 days. Id. at 4. Rather than file an amended complaint, however, Plaintiff appealed the Court’s order to the Ninth Circuit. See Dkt. Nos. 41, 42. A dismissal with leave to amend is not an appealable order. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (dismissing appeal for lack of jurisdiction where district court granted leave to amend and plaintiff did not amend, did not inform district court that it would not amend, and did not obtain final order of dismissal). However, a “plaintiff has the right to stand on the pleading.” See Edwards v.…