Opinion
C23-0824JLR
07-08-2024
CONSTRUCTION LABORERS PENSION TRUST OF GREATER ST. LOUIS, et al., Plaintiffs, v. FUNKO, INC., et al., Defendants.
ORDER
JAMES L. ROBART United States District Judge
On May 16, 2024, the court granted Defendants Funko, Inc., Andrew Perlmutter, and Jennifer Fall Jung's motion to dismiss the amended complaint. (5/16/24 Order (Dkt. # 53); see also MTD (Dkt. # 39); Am. Compl. (Dkt. # 38).) The court dismissed the amended complaint without prejudice and with leave to amend. (5/16/24 Order at 48-49.) On July 1, 2024, lead plaintiff Construction Laborers Pension Trust of Greater St. Louis and named plaintiff Paul Haddock (together, “Plaintiffs”) filed a notice “of their decision not to amend the First Amended Complaint,” and their “inten[t] to pursue their appellate rights after the Court enters judgment.” (Notice (Dkt. # 56) at 2 (citing WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (“[A] plaintiff, who has been given leave to amend, may not file a notice of appeal simply because he does not choose to file an amended complaint. A further district court determination must be obtained.”)).)
In light of Plaintiffs' July 1, 2024 notice, the court DISMISSES the amended complaint with prejudice and without leave to amend. (See generally Notice; Am. Compl.); see WMX Techs., 104 F.3d at 1136.