Colgan
Colgan v. Sentinel Insurance Company, Ltd.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES COLGAN, Case No. 20-cv-04780-HSG
Plaintiff, ORDER TO SHOW CAUSE v.
SENTINEL INSURANCE COMPANY,
LTD.,
11 Defendant. 12 On January 26, 2021, the Court granted Defendant Sentinel Insurance Co.’s motion for judgment on the pleadings. Dkt. No. 36. The Court granted Plaintiff leave to file an amended complaint within 21 days. Id. at 8. Rather than file an amended complaint, however, Plaintiff filed a notice of intent not to file an amended complaint and requested that the Court dismiss the action without prejudice. Dkt. No. 37. A “plaintiff has the right to stand on the pleading.” See Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir. 2004). But when a plaintiff declines to amend its complaint in favor of appealing the dismissal, the proper procedure is for the district court to dismiss the action with prejudice under Federal Rule of Civil Procedure 12(b)(6). See id. at 1063–65.
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