Opinion
C23-0294JLR
12-01-2023
ASHLEY POPA, Plaintiff, v. PSP GROUP, LLC, et al., Defendants.
ORDER
JAMES L. ROBART UNITED STATES DISTRICT JUDGE
On October 24, 2023, the court granted Defendant PSP Group, LLC's (“PSP”) motion to dismiss Plaintiff Ashley Popa's first amended complaint. (10/24/23 Order (Dkt. # 67).) The court concluded that Ms. Popa failed to plausibly allege that she suffered a cognizable injury-in-fact and, as a result, she had not demonstrated that she had Article III standing to pursue her claims. (Id. at 5-13.) Thus, the court dismissed Ms. Popa's claims without prejudice for lack of subject matter jurisdiction. (Id. at 13). The court granted Ms. Popa leave to amend based on its conclusion that it was possible that she might be able to cure the deficiencies in her complaint. (Id.)
Ms. Popa did not, however, amend her complaint. (See generally Dkt.) Instead, on November 22, 2023, she filed a notice of election to stand on her first amended complaint and request for entry of a final order in this case. (Notice (Dkt. # 69).) Ms. Popa informed the court that she intended to stand on the allegations in her first amended complaint and asked the court to enter a final order dismissing this case so that she may file an appeal. (Id.) On November 27, 2023, the court ordered PSP and Defendant Microsoft Corporation (“Microsoft”) to show cause why the court should not grant Ms. Popa's request. (11/27/23 Order (Dkt. # 70) at 2.) PSP and Microsoft timely filed a joint response in which they state that they “do not object to the court issuing a final order and judgment of dismissal in accordance with Ms. Popa's request.” (Resp. (Dkt. # 71) at 1.)
Accordingly, the court GRANTS Ms. Popa's request for entry of a final order and judgment of dismissal (Dkt. # 69) and DISMISSES this matter without prejudice for lack of standing for the reasons set forth in its October 24, 2023 order (Dkt. # 67).