Ross
Ross v. Padres LP
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 VAN J. ROSS, Case No.: 17-CV-1676 JLS (JLB)
Plaintiff,
ORDER DISMISSING ACTION
v. WITHOUT PREJUDICE
PADRES LP, et al.,
Defendants. 16 17 On March 28, 2019, the Court granted Defendants Padres, L.P., Christina Hall, and Ian Graham’s unopposed motion to dismiss and dismissed Plaintiff Van J. Ross’ First Amended Complaint. ECF No. 39. The Court granted Plaintiff leave to file an amended complaint within thirty days, noting that “[f]ailure to file within the time allotted may result in the dismissal of this action in its entirety.” Id. Plaintiff has not filed an amended complaint or filed for an extension of time. Accordingly, pursuant to Federal Rule of Civil Procedure 41(b), the Court DISMISSES WITHOUT PREJUDICE this action in its entirety for failure to prosecute and failure to comply with the Court’s March 28, 2019 Order. See Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 2005) (“If a…