Hudson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KURT L. HUDSON, Case No. 21-cv-08296-HSG

Plaintiff, ORDER v.

WELLS FARGO & COMPANY, et al., Defendants.

12 On July 13, 2022, the Court granted Defendants’ motion to dismiss Plaintiff Kurt L. Hudson’s complaint. Dkt. No. 47. The Court granted Plaintiff leave to file an amended complaint by August 12, 2022. Id. The deadline for Plaintiff to file his second amended complaint has passed. Rather than file an amended complaint, Plaintiff filed a notice of appeal to the Ninth Circuit. See Dkt. No. 48. However, the order dismissing with leave to amend is not a final order that ended the litigation, and is thus not appealable as of right. Nevertheless, the Ninth Circuit has explained that when a plaintiff has declined amendment of his complaint in favor of appealing the dismissal, the district court should dismiss the action with prejudice under Federal Rule of Civil Procedure 12(b)(6). See Edwards v. Marin Park, Inc., 356 F.3d 1058…