Flores v. Target Corporation et al

Filing 9

ORDER Granting 5 Motion to Dismiss Plaintiff's Seventh and Eighth Claims for Relief without Prejudice. Signed by Judge Roger T. Benitez on 2/27/2017. (knb)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARTHA FLORES, Case No.: 3:16-cv-03101-BEN-NLS Plaintiff, 12 13 v. 14 ORDER GRANTING MOTION TO DISMISS PLAINTIFF'S SEVENTH AND EIGHTH CLAIMS FOR RELIEF TARGET CORPORATION, a Minnesota Corporation dba "TARGET" and/or "TARGET STORES" and DOES 1-20, 15 16 Defendants. 17 18 19 Defendant Target Corporation (“Target”) has moved to dismiss with prejudice 20 Plaintiff’s seventh claim for relief for breach of written contract and eighth claim for 21 relief for breach of implied contract. (Doc. No. 5.) The Civil Local Rules required 22 Plaintiff to file an opposition or statement of non-opposition by January 30, 2017. That 23 deadline has passed, and Plaintiff has not filed an opposition or statement of non- 24 opposition. 25 Under Civil Local Rule 7.1.f.3.c, if a party fails to file an opposition or statement 26 of non-opposition by the required deadline, the Court may treat that failure as consent to 27 the granting of the motion. See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) 28 (affirming dismissal for failure to file opposition as required by local rule). On the basis 1 3:16-cv-03101-BEN-NLS 1 of this rule, the motion to dismiss is GRANTED and Plaintiff’s seventh and eighth 2 claims for relief are DISMISSED without prejudice.1 3 4 IT IS SO ORDERED. Dated: February 27, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendant seeks a dismissal with prejudice. However, because the Court is granting Defendant’s motion on the basis of Plaintiff’s failure to file an opposition or statement of non-opposition, and is not adjudicating the merits, the Court dismisses the claims without prejudice. 2 3:16-cv-03101-BEN-NLS

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