Opinion
2:23-cv-05249-SVW-JC
04-05-2024
David J. DiMaria v. Arcis Golf LLC et al
Paul M. Cruz
Paul M. Cruz
PRESENT: TIRE HONORABLE STEPHEN V. WILSON, U.S. DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceedings: ORDER GRANTING HERITAGE GOLF GROUP'S MOTION TO DISMISS [48] AND DISMISSING CASE
Plaintiffs second amended complaint alleged four causes of action against four defendants: Arcis Golf LLC; CF Valencia Arcis LLC; CLP Valencia Golf, LLC; and Heritage Golf Group. Dkt. 29 (“SAC”).
On January 8, 2024, the Court heard motions to dismiss brought by the first three defendants (Arcis Golf LLC, CF Valencia Arcis LLC, and CLP Valencia Golf, LLC). Dkt. 45. On January 25, 2024, the Court granted in part the motion to dismiss as to these defendants, dismissing Counts 2 to 4. Dkt. 52.
Count 1, the only remaining claim, was a breach of contract claim. SAC ¶¶ 34-44. On January 25, 2024, the Court issued an order to show cause why Count 1 should not be dismissed. Dkt. 53. Plaintiff responded to the order on February 8, 2024. Dkt. 57. On February 15, 2024, after considering Plaintiffs response, the Court dismissed the breach of contract claim, giving Plaintiff 10 days to amend his complaint. Dkt. 60.
Plaintiff filed a third amended complaint on February 26, 2024. Dkt. 62.
Heritage Golf Group is currently the only remaining defendant. Dkts. 66, 68. On January 17, 2024, Heritage Golf Group also brought a motion to dismiss the second amended complaint. Dkt. 48. On March 4, 2024, the Court held a hearing on this motion and informed the parties that the motion was granted. Dkt. 64. Because Plaintiff alleged the same four causes of action against Heritage Golf Group, see SAC, the motion is granted due to the same reasons stated in the Court's prior orders. see Dkts. 52, 53,60.
Trial was set for April 2, 2024. The pretrial conference was set for March 25, 2024. The parties did not appear at either the pretrial conference or the trial. Therefore, the case is dismissed.
IT IS SO ORDERED.