Black v. Atlas Field Services, LLC

Good Law
United States District Court, Northern District of CaliforniaSeptember 21, 20233:23-cv-00171California504 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BARRY BLACK, Plaintiff, No. C 23-00171 WHA

v.

ATLAS FIELD SERVICES, LLC, and ORDER RE DISMISSAL

CRAIG TAYLOR,

14 Defendants.

A prior order denied plaintiff leave to amend his complaint by filing an entirely new complaint removing all prior putative class claims and adding a single new California Private Attorneys General Act (PAGA) claim. In sum, plaintiff’s “stated motive of strategic maneuvering, the prejudice to defendants that the amended complaint represents, and the delay in seeking amendment combine to warrant denial of leave to amend.” Black v. Atlas Field Servs., LLC, No. C 23-00171 WHA, 2023 WL 5600084, at *2 (N.D. Cal. Aug. 28, 2023). Plaintiff now moves to dismiss this action without prejudice (Dkt. No. 34). He asserts that dismissal is appropriate because “the class claims in this case are covered by an alleged arbitration agreement” (Br. 1). Furthermore, “[b]ecause the Court recently denied Plaintiff’s request to amend his…

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