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P.I.: Other | Utah
Order to Show Cause
DOCKET TEXT ORDER TO SHOW CAUSE. In 3 Motion to Dismiss, Defendants contend that each cause of action asserted in the original complaint fails to state a claim on which relief can be granted. Defendants incorporate the same arguments in opposing as futile 29 Plaintiff's Revised Motion for Leave to File Amended Complaint. See Dkt. No. 31 at 8 n.3. Despite thus having two opportunities to address Defendants' arguments—(1) in his response the motion to dismiss and (2) in his briefs in support of his motion for leave to amend—Plaintiff has responded to only one of the alternative, independent arguments offered for dismissing his contractual claims and not at all to the arguments offered for dismissing his tort claims. He thus appears to have doubly waived any opportunity to "present . . . arguments in support of [his] claims," Blixseth v. Cushman & Wakefield of Colo., Inc., 2013 WL 5446791, at *11 n.14 (D. Colo. Sept. 30, 2013), whether by contending that his operative complaint states any claim upon which relief can be granted or by arguing that his proposed amended complaint adequately cures the deficiencies identified by the Defendants with respect to any claim and thus that amendment would not be futile. Further, at least prima facie, Defendants' unrebutted arguments appear to be well taken, establishing that all of Plaintiff's claims are subject to dismissal whether or not supplemented by the proposed amendments. No later than July 20, 2026, Plaintiff shall SHOW CAUSE why the court should not deny 29 Revised Motion for Leave to File Amended Complaint as futile and grant 3 Motion to Dismiss. The hearing scheduled for July 9, 2026 is VACATED. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 07/06/2026. No attached document. (bas)
Other Statutes: Securities/Commodities/Exchange | Texas Northern
Order on Motion for Leave to File
ELECTRONIC ORDER granting 783 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) Before the Court is Defendant Barton's Motion for Leave to File an Opposed Motion for Preservation of Status Quo. (Doc. 783 ). The Court GRANTS the motion. (Ordered by Judge Brantley Starr on 7/6/2026) (chmb)
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