Ditto v. American Aluminum Co.
DITTO v. AMERICAN ALUMINUM CO.
- Proceeding
- district
- Area
- civil
- Panel
- Yankwich (author)
Analysis
The court considered a motion to dismiss a civil action brought by plaintiffs against American Aluminum Company. The court ordered the action dismissed with prejudice and awarded costs to the defendant after the plaintiffs failed to file an amended complaint within the thirty-day period allowed.
| What the court decided | The model |
|---|---|
Motion to dismiss granted“found that said motion should be granted and said action dismissed” | agree with court The court relied on the Portal-to-Portal Act of 1947 to determine that jurisdiction was withdrawn and the complaint failed to state a claim. While the order is brief, the dismissal with prejudice following the expiration of the time to amend is procedurally consistent with the court's prior order and the statutory basis cited. |
Action dismissed with prejudice“It is hereby ordered, adjudged and decreed that the said action be, and the same is, hereby dismissed as to all plaintiffs with prejudice to any subsequent suit upon said claim” | agree with court The dismissal with prejudice is a direct consequence of the plaintiffs' failure to file an amended complaint within the thirty-day window established by the court's previous order. The court correctly applied the procedural consequence of the missed deadline. |
Costs awarded to defendant“and that defendant have and recover its costs of suit.” | agree with court Awarding costs to the prevailing party is standard practice in federal civil litigation. |
The order itself: sound with gaps — The order is a short, procedural disposition that relies on a prior order and the expiration of a deadline. It does not provide detailed legal reasoning or cite specific case law, but the result is defensible based on the statutory basis cited and the procedural history recited.
Opinion — Yankwich
YANKWICH, District Judge.
The above action came on regularly to be heard on the 9th day of June, 1947, upon the motion of defendant, Aluminum Company of America, sued herein as American Aluminum Company, to dismiss said action, and the Court having heard the arguments of counsel and being fully advised in the premises found that said motion should be granted and said action dismissed upon the grounds and for the reason stated in defendant’s Notice of Motion, that is, that under the Portal-to-Portal Act of 1947, jurisdiction of the Court over this proceeding has been withdrawn and the complaint fails to state a claim against the defendant upon which relief can be granted, and the Court having on said date ordered the action dismissed unless plaintiffs file an amended complaint within thirty days from said June 9, 1947, and said thirty day period having expired without any amendment to the complaint being filed, now, therefore, It is hereby ordered, adjudged and decreed that the said action be, and the same is, hereby dismissed as to all plaintiffs with prejudice to any subsequent suit upon said claim, and that defendant have and recover its costs of suit.