COLE v. DEPARTMENT OF JUSTICE et al

Filing 15

MEMORANDUM AND OPINION re 11 defendants' motion to dismiss. Signed by Judge Ellen S. Huvelle on August 29, 2012. (AG)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

JAMES COLE,

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Plaintiff,
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v.
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DEPARTMENT OF JUSTICE et al.,
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Defendants.
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____________________________________)

Civ. Action No. 12-0533 (ESH)

MEMORANDUM OPINION
Pending before the Court is defendants’ motion to dismiss under Rule 12(b)(6) of the
Federal Rules of Civil Procedure [Dkt. # 11]. By Order of July 18, 2012, plaintiff was advised to
respond to defendants’ dispositive motion by August 20, 2012, or risk dismissal of the case on
what the Court might treat as a conceded motion. On July 31, 2012, the Court permitted to be
filed plaintiff’s document captioned “Plaintiff Initial/Motion Disclosures Discovery,” filed
pursuant to Rule 26(a)(1), but that filing does not address defendants’ arguments for dismissal of
the complaint. Plaintiff has neither filed a response to the pending motion to dismiss nor sought
additional time to do so. Therefore, the Court will treat the motion as conceded and dismiss the
case. See FDIC v. Bender, 127 F.3d 58, 68 (D.C. Cir. 1997) (discretion lies wholly with the
district court to grant motion to dismiss as conceded). A separate Order accompanies this
Memorandum Opinion.

DATE: August 29, 2012

___________/s/___________
ELLEN SEGAL HUVELLE
United States District Judge