William Lund et al v. 3M Company et al

Filing 393

ORDER GRANTING MOTION TO DISMISS 385 . All claims against Niantic Seal, Inc. are DISMISSED by Judge Dean D. Pregerson . (MD JS-6. Case Terminated). (lc) .Modified on 11/6/2013 (lc).

1
2

O

3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12

WILLIAM LUND, an individual;
VICTORIA LUND, an
individual,

13
14
15
16
17

Plaintiffs,
v.
3M COMPANY a/k/a MINNESOTA
MINING & MANUFACTURING
COMPANY, et al.,
Defendants.
___________________________

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

Case No. CV 13-02776 DDP (VBKx)
ORDER GRANTING MOTION TO DISMISS
[DKT No. 385]

18
19

Presently before the court is Defendant Niantic Seal, Inc.’s

20

Motion to Dismiss.

21

to the motion, the court GRANTS the motion.

Because Plaintiff has not filed an opposition

22

Central District of California Local Rule 7-9 requires an

23

opposing party to file an opposition to any motion at least twenty-

24

one (21) days prior to the date designated for hearing the motion.

25

C.D. CAL. L.R. 7-9.

26

“[t]he failure to file any required document, or the failure to

27

file it within the deadline, may be deemed consent to the granting

28

or denial of the motion.”

Additionally, Local Rule 7-12 provides that

C.D. CAL. L.R. 7-12.

1

The hearing on Defendant’s motion was set for November 18,

2

2013.

Plaintiff’s opposition was therefore due by October 28,

3

2013.

As of the date of this Order, Plaintiff has not filed an

4

opposition to the motion or any other filing that could be

5

construed as a request for a continuance.

6

deems Plaintiff’s failure to oppose as consent to granting the

7

motion to dismiss, and GRANTS the motion.

8

Niantic Seal, Inc. are DISMISSED.

Accordingly, the court

All claims against

9
10

IT IS SO ORDERED.

11
12
13

Dated: November 6, 2013
DEAN D. PREGERSON
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2