1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 ETHAN VOLUNGIS, et al., Case No. 2:17-CV-2247 JCM (VCF)

8 Plaintiff(s), ORDER

9 v.

10 LIBERTY MUTUAL FIRE INSURANCE COMPANY, 11 Defendant(s). 12

13 Presently before the court is the matter of Volungis et al v. Liberty Mutual Fire Insurance 14 Company, case number 2:17-cv-02247-JCM-VCF. On July 23, 2018, the court granted Liberty 15 Mutual Fire Insurance Company’s (“defendant”) motion to dismiss. (ECF No. 28). Farooq 16 Abdulla, Nighat Abdulla, and Ethan Volungis (collectively “plaintiffs”) appealed. (ECF No. 30). 17 The Ninth Circuit held that the court properly granted the motion and dismissed plaintiffs’ 18 claims. (ECF No. 32). However, the court also held that “[w]hile [Volungis’s] breach-of-contract 19 claim fails as a matter of law, his other claims could be cured through amendment. It was an abuse 20 of discretion to dismiss these claims with prejudice and no justification for doing so [sic].” Id. at 21 5 (citing Doe v. United States (In re Doe),

(9th Cir. 1995)). Consequently, the 22 Ninth Circuit affirmed this court’s dismissal of the breach-of-contract claim with prejudice but 23 reversed as to the remaining claims to allow leave to amend.

24 Accordingly, 25 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiffs are granted leave 26 to amend their complaint, consistent with the Ninth Circuit’s memorandum. 27 28 1 IT IS FURTHER ORDERED that plaintiffs shall file their amended complaint within 21 days of this order. 3 IT IS FURTHER ORDERED that the clerk shall reopen this case when plaintiffs file an amended complaint. 5 IT IS FURTHER ORDERED that failure to comply with this order may result in dismissal 6 | of plaintiffs’ claims with prejudice. 7 DATED June 12, 2020. 8 OP Ltd C. Atala 9 UNITEDSTATES DISTRICTJUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-