MILLS et al v. BILLINGTON et al

Filing 277

ORDER: The Court hereby ORDERS that Plaintiffs' # 263 motion to certify a class is DENIED. The Court further ORDERS that Plaintiffs' # 261 motion to bifurcate issues of liability and issues of individual relief is DENIED as moot. The Co urt further ORDERS that Defendant's # 269 motion to dismiss or, in the alternative, for summary judgment is GRANTED pursuant to Local Civil Rule 7(b) because Plaintiffs did not file a memorandum of law in opposition to this motion within the prescribed time frame; and, therefore, the Court deems Defendant's motion conceded. The Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close this case. Signed by Judge Frederick J. Scullin, Jr. on 3/30/2016. (Scullin, Frederick)

UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
__________________________________________________
CHRISTINE MILLS, RUNAKO BALONDEMU,
GERALDINE DUNCAN, PRISCILLA IJEOMAH,
LAWRENCE PERRY, WILLIAM ROWLAND,
DAVID HUBBARD, CLIFTON KNIGHT,
SHARON TAYLOR and CHARLES MWALIMU,
Plaintiffs,
v.

1:04-CV-2205
(FJS)

JAMES HADLEY BILLINGTON, Librarian,
Library of Congress,
Defendant.
__________________________________________________
APPEARANCES

OF COUNSEL

ROSE ADVOCATE FOR CIVIL
RIGHTS
4611 Norwood Drive
Chevy Chase, Maryland 20815
Attorneys for Plaintiffs

DAVID LOUIS ROSE, ESQ.

ROSE & ROSE, PC
1320 19th Street, NW
Suite 601
Washington, D.C. 20036
Attorneys for Plaintiffs

EARLENE WHITE ROSENBERG, ESQ.

TULLY RINCKEY PLLC
815 Connecticut Avenue, NW
Suite 720
Washington, D.C. 20006
Attorneys for Plaintiffs

JOSHUA N. ROSE, ESQ.

OFFICE OF THE UNITED STATES
ATTORNEY
555 Fourth Street, NW
Washington, D.C. 20530
Attorneys for Defendant

BEVERLY MARIA RUSSELL, AUSA
JULIA DOUDS, AUSA

SCULLIN, Senior Judge

ORDER
Pending before the Court are Plaintiffs' motion to bifurcate issues of liability and issues of
individual relief, see Dkt. No. 261; Plaintiffs' motion to certify a class, see Dkt. No. 263; and
Defendant's motion to dismiss or, in the alternative, for summary judgment, see Dkt. No. 269.
After reviewing the entire record in this matter, the parties' submissions and oral arguments,
and the applicable law, and for the reasons stated on the record at oral argument, the Court hereby
ORDERS that Plaintiffs' motion to certify a class, see Dkt. No. 263, is DENIED; and the
Court further
ORDERS that Plaintiffs' motion to bifurcate issues of liability and issues of individual
relief, see Dkt. No. 261, is DENIED as moot; and the Court further
ORDERS that Defendant's motion to dismiss or, in the alternative, for summary judgment,
see Dkt. No. 269, is GRANTED pursuant to Local Civil Rule 7(b) because Plaintiffs did not file a
memorandum of law in opposition to this motion within the prescribed time frame; and, therefore,
the Court deems Defendant's motion conceded;1 and the Court further

1

The Court notes that it contacted Plaintiffs' counsel twice after the filing deadline to
inquire as to the reason he had not filed any response to Defendant's motion. Eventually,
Plaintiffs' counsel filed a memorandum purporting to respond to Defendant's motion. Not only
was this memorandum untimely but it cited no law, nor provided any record-supported facts, to
support Plaintiffs' position that the Court should not grant Defendant's motion. In addition, at
oral argument, Plaintiffs' counsel provided no valid excuse for his failure to respond to
Defendant's motion within the required time frame.
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ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close
this case.

IT IS SO ORDERED.

Dated: March 30, 2016
Syracuse, New York

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