Quain v. Clear Channel Communications Inc. et al

Filing 26

ORDER that Plaintiff shall have until 5/14/10 to file a response to Defendants' motion to dismiss 25 . The Court will summarily grant the motion to dismiss if Plaintiff fails to comply with this order. Signed by Judge David G Campbell on 4/29/10. (TLJ)

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WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) Clear Channel Communications, Inc.; KYOT Radio; and Russ Egan, Program ) ) Director, ) ) Defendants. ) ) John R. Quain,

No. CV-09-2365-PHX-DGC ORDER

Plaintiff is a member of the musical group Citizen Quain. He has been unable to get his music played on local radio stations. He filed a pro se complaint against Defendants on November 12, 2009. Dkt. #1. In response to the Court's order (Dkt. #21) granting Defendants' motion for a more definite statement (Dkt. #11), Plaintiff filed an amended complaint on March 18, 2010 (Dkt. #24). On April 1, 2010, Defendants filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Dkt. #25. Plaintiff has filed no response, and the time for doing so has expired. See LRCiv 7.2(c); Fed. R. Civ. P. 6(d). Plaintiff shall have until May 14, 2010 to file response to the motion to dismiss. Rule 7.2 of the Local Rules of Civil Procedure provides that an unrepresented party's failure to respond to a motion "may be deemed a consent to the . . . granting of the motion and the Court may dispose of the motion summarily." LRCiv 7.2(i). Plaintiff is advised that if he does not file a response to the motion to dismiss (Dkt. #25) by May 14, 2010, the Court

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will summarily grant the motion. Plaintiff is warned for a second time (see Dkt. #21 at 3) that if he fails to prosecute this action, or if he fails to comply with the rules or any Court order, the Court may dismiss the action with prejudice pursuant to Rule 41(b) of the Federal Rule of Civil Procedure. IT IS ORDERED: 1. Plaintiff shall have until May 14, 2010 to file a response to Defendants' motion to dismiss (Dkt. #25). 2. The Court will summarily grant the motion to dismiss if Plaintiff fails to comply with this order. DATED this 29th day of April, 2010.

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