JONES v. DISTRICT OF COLUMBIA et al

Filing 45

MEMORANDUM AND OPINION. Signed by Judge Beryl A. Howell on 9/1/11. (ms, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

PRINCE EDWARD JONES,
Plaintiff,
v.

Civil Action No. 11-0275 (BAH)

DISTRICT OF COLUMBIA, et al.,
Defendants.

MEMORANDUM OPINION
On July 6, 2011, the federal defendants filed a motion to dismiss the complaint. In its
July 7, 2011 Order, the Court advised the plaintiff, among other things, of his obligation to file
an opposition or other response to the motion. Further, that Order expressly warned the plaintiff
that, if he failed to file his opposition by August 12, 2011, the Court would treat the motion as
conceded. To date, the plaintiff neither has filed an opposition nor requested additional time to
do so.
Local Civil Rule 7(b) states: “Within 14 days of the date of service or at such other time
as the Court may direct, an opposing party shall serve and file a memorandum of points and
authorities in opposition to the motion. If such a memorandum is not filed within the prescribed
time, the Court may treat the motion as conceded.” The purpose of this rule is to “is to assist the
district court in maintaining docket control and deciding motions . . . efficiently and effectively.”
FDIC v. Bender, 127 F.3d 58, 67 (D.C. Cir. 1997) (discussing prior Local Rule 108(b)). “The
Court need not provide notice before enforcing the rule or offer a party an opportunity to explain
its failure to comply.” Vemuri v. Napolitano, No. 10-cv-199, 2011 WL 1031344 at *1 (D.D. C.
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2011) (citing Fox v. Am. Airlines, 389 F.3d 1291, 1295 (D.C. Cir. 2004)). The “discretion to
enforce this rule lies wholly with the district court.” Bender, 127 F.3d at 68. The D.C. Circuit
reviews the court’s decision to apply Local Rule 7(b) for abuse of discretion, id. at 67, and
“where the district court relies on the absence of a response as a basis for treating the motion as
conceded, [the D.C. Circuit] honor[s] its enforcement of the rule.” Twelve John Does v. District
of Columbia, 117 F.3d 571, 577 (D.C. Cir. 1997).
In view of the plaintiff’s failure to file any response to the federal defendants’ motion to
dismiss the complaint, the Court will treat this motion as conceded.
An Order accompanies this Memorandum Opinion.

Beryl A. Howell

/s/
BERYL A. HOWELL
United States District Judge
DATE: September 1, 2011

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