Construction Laborers Pension Trust of Greater St. Louis v. Funko, Inc.

Opinion

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3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 10 CONSTRUCTION LABORERS CASE NO. C23-0824JLR PENSION TRUST OF GREATER 11 ST. LOUIS, et al., ORDER 12 Plaintiffs, v. 13

FUNKO, INC., et al., 14 15 Defendants.

16 On May 16, 2024, the court granted Defendants Funko, Inc., Andrew Perlmutter, 17 and Jennifer Fall Jung’s motion to dismiss the amended complaint. (5/16/24 Order (Dkt. 18 # 53); see also MTD (Dkt. # 39); Am. Compl. (Dkt. # 38).) The court dismissed the 19 amended complaint without prejudice and with leave to amend. (5/16/24 Order at 20 48-49.) On July 1, 2024, lead plaintiff Construction Laborers Pension Trust of Greater 21 St. Louis and named plaintiff Paul Haddock (together, “Plaintiffs”) filed a notice “of their 22 decision not to amend the First Amended Complaint,” and their “inten[t] to pursue their 1 appellate rights after the Court enters judgment.” (Notice (Dkt. # 56) at 2 (citing WMX 2 Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (“[A] plaintiff, who

3 has been given leave to amend, may not file a notice of appeal simply because he does 4 not choose to file an amended complaint. A further district court determination must be 5 obtained.”)).) 6 In light of Plaintiffs’ July 1, 2024 notice, the court DISMISSES the amended 7 complaint with prejudice and without leave to amend. (See generally Notice; Am. 8 Compl.); see WMX Techs., 104 F.3d at 1136.

9 Dated this 8th day of July, 2024. A 10 JAMES L. ROBART 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22