Perez v. Consolidated Tribal Health Project, Inc.

Filing 30

Order by Hon. Samuel Conti granting 4 Motion to Dismiss.(sclc1, COURT STAFF) (Filed on 4/9/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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HELEN PEREZ,

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Plaintiff,
v.

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CONSOLIDATED TRIBAL HEALTH
PROJECT, INC.,

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Defendant.

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) Case No. 12-5403-SC
)
) ORDER GRANTING MOTION TO
) DISMISS
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Now pending before the Court is Defendant Consolidated Tribal

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Health Project, Inc.'s ("Defendant") unopposed motion to dismiss

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pursuant to Federal Rule of Civil Procedure 12(b)(1).

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("MTD").

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a timely opposition to the motion, the Court issued an order to

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show cause why the case should not be dismissed.

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the show cause hearing, Plaintiff's counsel explained that

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Plaintiff believed that this case had been improperly removed to

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federal court.

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remand, which she did on February 8, 2013.

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March 21, 2013, the Court denied Plaintiff's motion to remand and

ECF No. 4

After Plaintiff Helen Perez ("Plaintiff") failed to file

ECF No. 12.

At

The Court instructed Plaintiff to file a motion to
ECF Nos. 15, 16.

On

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instructed her to file an opposition to Defendant's still pending

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motion to dismiss within fourteen days of the signature date of the

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Order.

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to dismiss.

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hereby GRANTS Defendant's motion to dismiss and DISMISSES

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Plaintiff's action in its entirety.

ECF No. 29.

Plaintiff has yet to oppose Defendant's motion

For these reasons and good cause shown, the Court

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IT IS SO ORDERED.

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United States District Court

For the Northern District of California

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Dated:

April 9, 2013
UNITED STATES DISTRICT JUDGE

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