Gomez v. Buresh
- Kandis Westmore
- 4:21-cv-08138
- U.S. District Court · Northern District of California
- 1
In Gomez v. Buresh, Judge Westmore dismissed the case with prejudice after Gomez declined to amend following dismissal for lack of standing.
Andres Gomez’s claims were dismissed with prejudice, and Donald Frank Buresh received judgment in his favor.
What happened
In Gomez v. Buresh, the court had previously granted the defendant’s motion to dismiss for lack of standing. The court gave Gomez 21 days to amend the complaint or state that he would not do so.
Gomez notified the court that he would not file an amended complaint. The court therefore dismissed his claims with prejudice under Federal Rule of Civil Procedure 12(b)(6), meaning the claims could not be refiled in this case.
Judge Kandis Westmore ordered judgment in favor of the defendants and directed the clerk to close the case.
The detailed version
- Gomez v. Buresh · No. 4:21-cv-08138
- Kandis Westmore
- Apr. 27, 2022
Background
On March 23, 2022, the court granted Defendant’s motion to dismiss for lack of standing. The court gave Plaintiff 21 days to file an amended complaint or a notice stating that he did not intend to file one.
On April 13, 2022, Plaintiff notified the court that he would not file an amended complaint.
Ruling
The court dismissed Plaintiff’s claims with prejudice under Federal Rule of Civil Procedure 12(b)(6). A dismissal with prejudice bars refiling those claims. The court also stated that it would enter judgment in favor of Defendants and close the case.
Disposition
Judge Kandis Westmore ordered the case dismissed with prejudice, directed entry of judgment in favor of Defendants, and ordered the case closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.