Balanzar

Balanzar v. Fidelity Brokerage Services, LLC

Good Law
United States District Court, Southern District of CaliforniaMay 30, 20233:22-cv-01372California306 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EMIR BALANZAR and CECELIA Case No.: 22-cv-1372-GPC LAHR, individually and on behalf of 12 others similarly situated, ORDER DISMISSING CIVIL ACTION FOR FAILING TO STATE Plaintiffs,

A CLAIM AND FOR FAILING TO

14 v. PROSECUTE IN COMPLIANCE WITH COURT ORDER REQUIRING

FIDELITY BROKERAGE SERVICES,

AMENDMENT

LLC, Defendant. 18 On February 3, 2023, the Court granted Defendant’s motion to dismiss Plaintiffs’ complaint and permitted Plaintiffs to file an amended complaint no later than March 1, 2023. ECF No. 19. Nearly four months have passed since the Court’s dismissal order and three months have passed since Plaintiffs’ amended complaint was due. To date, Plaintiffs have not filed an amended complaint nor sought an extension of time to file one. See Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004) (“The failure of the plaintiff eventually to respond to…

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