Opinion
Case No. SACV 11-01515 AG (AJWx)
12-01-2011
DINO T.J. SILVA, Plaintiff, v. JO-ANN STORES, INC., Defendant.
Honorable ,
Courtroom 10-D
Date Action Filed: August 26, 2011
Trial Date: None Set
TO PLAINTIFF IN PRO PER AND DEFENDANT AND ITS COUNSEL OF RECORD:
BACKGROUND
On August 26, 2011, Plaintiff Dino T.J. Silva ("Plaintiff) filed a complaint against Defendant Jo-Ann Stores, Inc. ("Defendant") for wrongful denial of medical benefits. Plaintiff filed the complaint in the Orange County Superior Court as a small claims matter. On September 29, 2011, Defendant successfully removed the action to this Court based upon the Court's federal question jurisdiction over the ERISA-regulated health care plan from which Plaintiffs claims arose.
On October 5, 2011, Defendant filed and served a Notice of Motion and Motion to Dismiss Complaint Pursuant to FRCP Rule 12(b)(6) or, in the Alternative, for a More Definite Statement Pursuant to FRCP 12(e)(the "Motion to Dismiss"). Plaintiff did not file an opposition to the Motion to Dismiss.
On November 10, 2011, the Court issued an Order Granting Defendant's Motion to Dismiss (the "Order"), pursuant to which Plaintiff was given 14 days' leave to file an amended complaint. On November 10, 2011, Defendant filed and served a Notice of Order Granting Defendant's Motion to Dismiss with a copy of the Order attached thereto as an exhibit. In addition, the Court sent a copy of the Order via first class mail to Plaintiff's address of record. Based upon the records in this action, Plaintiff did not file an amended complaint within 14 days of the Order nor seek an extension of the filing deadline from the Court.
ORDER
THEREFORE, IT IS HEREBY ORDERED that judgement be entered for the Defendant in the above-entitled action including all claims, demands, and causes of action asserted therein
Honorable Andrew J. Guilford
Judge of the U.S. District Court