Farr v. Pacific Gas and Electric Co.
- Jeffrey White
- 4:21-cv-08099
- U.S. District Court · Northern District of California
- 1
In Farr v. Pacific Gas and Electric Co., Judge White granted the second dismissal motion after Farr failed to amend, dismissing the case with prejudice.
Cynthia Farr and Pacific Gas and Electric Co.; the case was dismissed with prejudice and closed.
What happened
Farr v. Pacific Gas and Electric Co. was a case in which the defendant sought dismissal under a rule allowing dismissal for failure to state a legal claim. The court had previously granted the defendant’s first dismissal motion on all causes of action and allowed Cynthia Farr to file an amended complaint by May 27, 2022.
Farr did not file or try to file an amended complaint by that deadline. The court therefore granted the defendant’s second motion to dismiss and dismissed the case with prejudice, meaning the case could not be refiled in that court based on the order’s stated disposition.
Judge Jeffrey S. White issued the order on July 6, 2022. The court directed that a separate judgment be entered and that the Clerk close the case.
The detailed version
- Farr v. Pacific Gas and Electric Co. · No. 4:21-cv-08099
- Jeffrey White
- July 6, 2022
Background
Pacific Gas and Electric Co. filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), which permits dismissal when a complaint does not state a legally sufficient claim. On April 21, 2022, the court granted that motion in its entirety and as to all causes of action. The court gave Cynthia Farr permission to file an amended complaint by May 27, 2022.
Failure to Amend
Farr did not file or attempt to file an amended complaint by the court’s deadline. Pacific Gas and Electric Co. filed a second motion to dismiss.
Ruling
The court granted the second motion to dismiss and dismissed the case with prejudice. The court cited a federal rule allowing dismissal when a plaintiff fails to comply with a court order and cited a prior appellate decision concerning failure to file an amended complaint within the required time. The court ordered that a separate judgment issue and directed the Clerk to close the case. Judge Jeffrey S. White signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.