Hudson v. Wells Fargo & Company

Opinion

1 2 3 6 7 KURT L. HUDSON, Case No. 21-cv-08296-HSG

8 Plaintiff, ORDER 9 v.

10 WELLS FARGO & COMPANY, et al., 11 Defendants.

12 13 On July 13, 2022, the Court granted Defendants’ motion to dismiss Plaintiff Kurt L. 14 Hudson’s complaint. Dkt. No. 47. The Court granted Plaintiff leave to file an amended complaint 15 by August 12, 2022. Id. The deadline for Plaintiff to file his second amended complaint has 16 passed. Rather than file an amended complaint, Plaintiff filed a notice of appeal to the Ninth 17 Circuit. See Dkt. No. 48. However, the order dismissing with leave to amend is not a final order 18 that ended the litigation, and is thus not appealable as of right. Nevertheless, the Ninth Circuit has 19 explained that when a plaintiff has declined amendment of his complaint in favor of appealing the 20 dismissal, the district court should dismiss the action with prejudice under Federal Rule of Civil 21 Procedure 12(b)(6). See Edwards v. Marin Park, Inc., 356 F.3d 1058 (9th Cir. 2004). 22 // 23 // 24 // 25 // 26 // 27 // 1 Consistent with Edwards, if Plaintiff would like to pursue an appeal rather than file an 2 amended complaint, the Court will dismiss this action with prejudice. The Court therefore 3 DIRECTS Plaintiff to confirm that he is declining the opportunity to amend the complaint to 4 remedy the deficiencies the Court identified, and instead seeks a dismissal with prejudice to enable 5 an immediate appeal. Plaintiff shall file a statement of two pages or less by August 29, 2022. 7 |} Dated: 8/15/2022 | | |

HAYWOOD S. GILLIAM, JR. 9 United States District Judge 10 11 12

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