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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MARTHA FLORES,

Case No.: 3:16-cv-03101-BEN-NLS
Plaintiff,

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v.

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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,

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Defendants.

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Defendant Target Corporation (“Target”) has moved to dismiss with prejudice

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Plaintiff’s seventh claim for relief for breach of written contract and eighth claim for

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relief for breach of implied contract. (Doc. No. 5.) The Civil Local Rules required

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Plaintiff to file an opposition or statement of non-opposition by January 30, 2017. That

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deadline has passed, and Plaintiff has not filed an opposition or statement of non-

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opposition.

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Under Civil Local Rule 7.1.f.3.c, if a party fails to file an opposition or statement

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of non-opposition by the required deadline, the Court may treat that failure as consent to

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the granting of the motion. See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995)

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(affirming dismissal for failure to file opposition as required by local rule). On the basis
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3:16-cv-03101-BEN-NLS

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of this rule, the motion to dismiss is GRANTED and Plaintiff’s seventh and eighth

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claims for relief are DISMISSED without prejudice.1

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IT IS SO ORDERED.
Dated: February 27, 2017

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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.
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3:16-cv-03101-BEN-NLS