“Plaintiff is cautioned that failure to timely file a Second Amended Complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order,” the ruling stated. 13, the defendants’ lawyers will have a further two weeks to file a reply to the new suit. the suit will be dismissed “without prejudice,” and the matter will be considered closed. However, Judge Olguin’s dismissal was made “with leave to amend.” Therefore, although the lawsuit has been dismissed, Elden has been given a second chance to refile a new complaint – one which makes good the “defects” alleged in the defendants’ motion to dismiss, such as the allegation that the suit is time-barred.
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