Watson v. Avery's Village, LLC et al

Filing 29

MEMORANDUM AND ORDER granting 23 Defendant's Motion to Dismiss Count II of Plaintiff's Complaint. Signed by District Judge John W. Lungstrum on 10/04/2019. (ses)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
Trissie Watson,
Plaintiff,
v.

Case No. 19-2168-JWL

Avery’s Village, LLC,
Defendant.
MEMORANDUM & ORDER
This matter is presently before the court on defendant’s motion to dismiss Count II of
plaintiff’s complaint (doc. 23). For the reasons set forth below, the motion is granted.
On August 30, 2019, defendant filed a motion to dismiss Count II of plaintiff’s complaint
pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff did not file a response to
defendant’s motion within the time period provided in Local Rule 6.1(e)(2). Thus, the court
could have considered and decided defendant’s motion as an uncontested motion and could have
granted the motion without further notice to plaintiff. See D. Kan. Rule 7.4(b). Nonetheless, in
an abundance of caution, the court issued an order directing plaintiff to show good cause in
writing to the court, on or before September 30, 2019, why she failed to respond to the motion to
dismiss in a timely fashion. The court further directed plaintiff to respond to the motion to
dismiss on or before September 30, 2019. As of the date of this order, plaintiff has not filed a
response to the show cause order and has not filed a response to defendant’s motion to dismiss
Count II of the complaint.

The court concludes that dismissal of Count II of plaintiff’s complaint is warranted based
on the fact that that plaintiff has not responded to the motion or the court’s show cause order
despite having ample opportunity to do so. See D. Kan. Rule 7.4(b).

IT IS THEREFORE ORDERED BY THE COURT THAT defendant’s motion to
dismiss Count II of plaintiff’s complaint (doc. 23) is granted.

IT IS SO ORDERED.

Dated this 4th day of October, 2019, at Kansas City, Kansas.

s/ John W. Lungstrum
John W. Lungstrum
United States District Judge

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