Hobson v. Safeway Incorporated et al

Filing 59

ORDER granting Defendants' 57 , 58 Motions to Dismiss. Signed by Judge Frederick J Martone on 1/17/12.(REW)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Max. M. Hobson,
Plaintiff,

10
11

vs.

12
Safeway Inc., et al.,
13
Defendant.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV 11-00928-PHX-FJM
ORDER

15
16

We have before us defendants' motions to dismiss (docs. 57 and 58). Plaintiff did not

17

file a response to either motion. Under LRCiv 7.2(i), if an unrepresented party "does not

18

serve and file the required answering memoranda, . . . such non-compliance may be deemed

19

a consent to the denial or granting of the motion and the Court may dispose of the motion

20

summarily." Plaintiff's failure to respond may be deemed a consent to the granting of the

21

pending motions to dismiss. Any remaining unserved defendants are also dismissed,

22

pursuant to Rule 4(m), Fed. R. Civ. P. and our Order dated November 4, 2011 (doc. 31).

23
24
25
26
27
28

IT IS THEREFORE ORDERED GRANTING defendants' motions to dismiss (doc.
57 and 58).
DATED this 17th day of January, 2012.