AKERS v. WATTS et al

Filing 133

MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 9/9/11. (ms, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

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MONTGOMERY CARL AKERS,
Plaintiff,
v.
HARRELL WATTS, et al.,
Defendants.

Civil Action No. 08-0140 (EGS)

MEMORANDUM OPINION
On July 16, 2010, defendants Janine Shields, Kenneth Daugherty and Sandra Elliot,
employees of the Corrections Corporation of America (“CCA”) and sued in their individual
capacities, filed a motion to dismiss plaintiff’s First Amended Complaint or, in the alternative,
for change of venue [Dkt. #99]. Frederick Lawrence, Rhonda Allen and George Green, all
current or former CCA employees, joined in this motion in all respects. On September 10, 2010,
the Court issued an Order which, among other matters, directed plaintiff to file his opposition or
other response to the CCA defendants’ motion not later than October 15, 2010. Plaintiff filed a
notice of interlocutory appeal challenging this and certain other Orders. After the United States
Court of Appeals for the District of Columbia Circuit dismissed the interlocutory appeal, on June
21, 2011, the Court issued a minute order setting July 22, 2011 as the new deadline for plaintiff’s
opposition to the CCA defendants’ motion. Plaintiff was advised that the Court would grant
defendants’ motion as conceded if he did not file a timely opposition. At plaintiff’s request and
for good cause shown, by minute order on July 21, 2001, the Court extended plaintiff’s deadline
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to August 22, 2011. To date, plaintiff neither has filed an opposition nor has requested
additional time to do so.
The Court treats the CCA defendants’ motion to dismiss as conceded. With the
resolution of the CCA defendants’ dispositive motion, no other parties or claims remain, and this
civil action will be dismissed.
An Order accompanies this Memorandum Opinion.

Signed:

EMMET G. SULLIVAN
United States District Judge

Dated:

September 9, 2011

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