Opinion
Civil Action 23-CV-3032
02-05-2024
OMAR EWIDEH, et al., Plaintiff, v. KEYSTONE ADVANCED REMODELING, LLC, et al., Defendants.
MEMORANDUM AND ORDER
MICHAEL M. BAYLSON UNITED STATES DISTRICT COURT JUDGE
Plaintiffs are proceeding pro se. The Court granted Defendant's motion to dismiss without prejudice, for reasons set forth in the Defendant's Memorandum, without further detail (ECF 19). Plaintiffs have now filed a document (ECF 20), asking the Court to vacate the dismissal order and assert that they were never served with a copy of the motion to dismiss, and other reasons.
Certain Defendants filed a response in opposition to the motion to vacate, substantiating their service of the motion to dismiss on the Plaintiffs, and citing additional information, including exhibits of decisions by other courts who have found that plaintiffs have abused process and have ignored deadlines. In addition, this Court has reviewed the decision of Judge Pratter of this court, in civil action 23-2590 where she extensively documented the Plaintiffs' failure to conduct themselves appropriately in the case there pending.
The Court also notes that it is very questionable whether diversity jurisdiction exists and Plaintiffs' attempts to suggest that they have grounds to assert federal jurisdiction under the RICO statute, are also very deficient.
Furthermore, the dismissal by this Court was without prejudice. If Plaintiffs intend to file a new Complaint, they must allege federal jurisdiction by clear facts and take steps to make sure they are aware of documents served on them and follow all of the Federal Rules of Civil Procedure, the Local Rules of this court and this Court's practice order which appears on this court's website.
ORDER
For the above reasons, Plaintiffs' motion to vacate is DENIED.