Flightcar Inc v. City of Millbrae

Filing 15

ORDER DIRECTING PLAINTIFF TO FILE RESPONSE TO DEFENDANTS 4 MOTION TO DISMISS. Responses due by 1/20/2014. Replies due by 1/27/2014. Signed by Judge Saundra Brown Armstrong on 1/13/2014. (ndr, COURT STAFF) (Filed on 1/13/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 FLIGHTCAR, INC.,

Plaintiff,

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vs.

Case No: C 13-5802 SBA
ORDER DIRECTING PLAINTIFF
TO FILE RESPONSE TO
DEFENDANTS’ MOTION TO
DISMISS

9 CITY OF MILLBRAE, and DOE 1 through

DOE 50,
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Defendants.
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On December 23, 2013, Defendant filed a motion to dismiss for failure to state a

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claim. Dkt. 4. Under Civil Local Rule 7-3(a), an opposition to a motion must be filed

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within fourteen days of the date the motion was filed, and the reply is due seven days

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thereafter. As such, Plaintiff’s response to the motion should have been filed by no later

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than January 6, 2014. To date, Plaintiff has not filed any response to Defendant’s motion.

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This Court’s Standing Orders warn that the failure to file a response to a motion may

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be construed as consent to the relief sought in the unopposed motion. As such, it is well

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within the discretion of the Court to grant Defendant’s motion as unopposed. See Fed. R.

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Civ. P. 41(b); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Nevertheless, mindful of

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its obligation to first consider to less drastic alternatives, the Court will afford Plaintiff one

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further opportunity to respond to the pending motion. Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiff shall have until January 20, 2014 to file

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and serve its response (i.e., either an opposition or a statement of non-opposition) to

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Defendant’s Rule 12(b)(6) motion to dismiss. Plaintiff’s response shall comply in all

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respects with the Federal Rules of Civil Procedure and the Court’s Civil Local Rules

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including, without limitation, Civil Local Rules 7-3 through 7-5. PLAINTIFF IS

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WARNED THAT THE FAILURE TO FILE A RESPONSE BY THIS DEADLINE

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AND/OR TO COMPLY WITH THIS ORDER OR ANY OTHER APPLICABLE

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PROCEDURAL RULES WILL RESULT IN THE GRANTING OF THE PENDING

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MOTION AND THE DISMISSAL OF THIS ACTION. In the event Plaintiff timely

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files a response, Defendant may file a reply seven days after the revised deadline for

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Plaintiff’s response.

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IT IS SO ORDERED.
Dated: 1-13-14

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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