Niemann v. University of North Texas

Filing 9

MEMORANDUM AND OPINION re 4 MOTION to Dismiss filed by University of North Texas. Defendants Partial Motion to Dismiss (Dkt. #4) is hereby GRANTED and all of Plaintiffs claims except for Title VII discrimination claim are hereby DISMISSED with prejudice. Signed by Judge Amos L. Mazzant, III on 9/15/17. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

YOLANDA FLORES NIEMANN
V.

UNIVERSITY OF NORTH TEXAS

§
§
§
§
§
§
§

CASE NO. 4:17-CV-206
Judge Mazzant

MEMORANDUM OPINION
Pending before the Court is Defendant’s Partial Motion to Dismiss (Dkt. #4). The Court,
having considered the relevant pleadings, finds that Defendant’s motion should be granted.
DISCUSSION AND ANALYSIS
On June 2, 2017, Defendant filed a partial motion to dismiss (Dkt. #4). No response was
filed. On July 10, 2017, the Court gave Plaintiff the opportunity to file a response to the motion.
The Court noted that “[i[f no response is filed by that date, the Court will assume Plaintiff has no
opposition to the Court’s granting Defendant’s motion.” No Response was filed.
Local Rule CV-7(d) provides as follows:
Response and Briefing. The response and any briefing shall be contained in one document.
A party opposing a motion shall file the response, any briefing and supporting documents
within the time period prescribed by Subsection (e) of this rule. A response shall be
accompanied by a proposed order conforming to the requirements of Subsection (a) of this
rule. Briefing shall contain a concise statement of the reasons in opposition to the motion and
a citation of authorities upon which the party relies. A party’s failure to oppose a motion in
the manner prescribed herein creates a presumption that the party does not controvert the
facts set out by movant and has no evidence to offer in opposition to the motion.
Since no response was filed, the Court will assume that Plaintiff does not controvert the facts set out
in the motion. Accepting the facts in the motion as not controverted, Plaintiff has no plausible
claims against Defendant except for the Title VII claim.

.

It is therefore ORDERED that Defendant’s Partial Motion to Dismiss (Dkt. #4) is hereby
GRANTED and all of Plaintiff’s claims except for Title VII discrimination claim are hereby
DISMISSED with prejudice.
SIGNED this 15th day of September, 2017.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

2