Farmer-Kiefe v. UMC Hospital et al

Filing 38

ORDER that Defendant W. Unangsts Motion to Dismiss 33 is GRANTED pursuant to Local Rule 7-2(d). W. Unagst terminated. Signed by Judge Kent J. Dawson on 10/8/10. (Copies have been distributed pursuant to the NEF - ECS)

Farmer-Kiefe v. UMC Hospital et al

Doc. 38

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 Currently before the Court is Defendant W. Unangst's Motion to Dismiss (#33) filed June 17, 17 2010. Subsequently, the Court issued a Klingele Order (#34) that notified the Plaintiff of the 18 necessity of responding to Defendant's dispositive Motion, and identified what Plaintiff must do to 19 adequately oppose Defendant's Motion. Despite the Court's warning, to date, Plaintiff has failed to 20 file points and authorities in opposition to Defendant's Motion as allowed by Local Rule 7-2. Local 21 Rule 7-2(d) allows the Court to consider failure to file points and authorities in opposition as consent 22 to the granting of the motion. 23 Defendant's Motion seeks that the Court Dismiss the action against him pursuant to Fed. R. 24 Civ. P. 12(b)(4)-(5) and 12(b)(6), for insufficient service of process, and failure to state a claim upon 25 which relief may be granted. The Court has reviewed Defendant's Motion and finds it to have merit. 26 v. UNIVERSITY MEDICAL CENTER, et al., DANIEL A. FARMER-KIEFE, Plaintiff, Case No. 2:08-CV-01561-KJD-LRL ORDER

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Dockets.Justia.com

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Accordingly, IT IS HEREBY ORDERED that Defendant W. Unangst's Motion to Dismiss (#33) is GRANTED pursuant to Local Rule 7-2(d). DATED this 8th day of October 2010.

____________________________________ Kent J. Dawson United States District Judge

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