Yang et al v. Azotic, LLC

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Ruping Yang and Eng Kiong Ng,
Plaintiffs,
v.
Azotic LLC and Steven Starcke,
Defendants.
No. 25-cv-2813 (KMM/ECW)
ORDER
This matter is before the Court on Defendants’ Motion to Dismiss the Amended
Complaint or in the Alternative to Abstain from Exercising Jurisdiction (Dkt. 49). Defendants
move to dismiss the amended complaint for lack of subject matter jurisdiction. (Id.; Dkt. 51 at 8–
15.) In response to the motion, Plaintiffs concede that the Court lacks subject-matter jurisdiction,
but they assert that any such dismissal must be without prejudice. (Dkt. 57 at 1, 3–4.) Based on
the Court’s review of the pleadings, Defendants’ motion, Plaintiffs’ concession, and on all the
files and proceedings herein, the Court finds that dismissal without prejudice for lack of subject
matter jurisdiction is appropriate. Accordingly, IT IS HEREBY ORDERED THAT
1. 	Defendant’s Motion to Dismiss (Dkt. 49) is GRANTED.
2. 	This matter is DISMISSED WITHOUT PREJUDICE under Federal Rule of
Civil Procedure 12(b)(1) for lack of subject matter jurisdiction.
Let Judgment be entered accordingly.
Date: February 26, 2026 	s/Katherine Menendez
Katherine Menendez
United States District Judge
CASE 0:25-cv-02813-KMM-ECW Doc. 58 Filed 02/26/26 Page 1 of 1