discretion lies with the district court to grant unopposed motion to dismiss as conceded pursuant to Local Civil Rule 7(b)
How later courts described this case
- discretion lies with the district court to grant unopposed motion to dismiss as conceded pursuant to Local Civil Rule 7(b)
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
L.G. BROWN et al., )
)
Plaintiffs, )
)
v. ) Civil Action No. 10-1418 (BAH)
)
CORNERSTONE SCHOOLS )
OF WASHINGTON, )
)
Defendant. )
)
MEMORANDUM
This matter is before the Court on the Defendant’s motion to dismiss or for summary
judgment. By Order of February 17, 2011, the Plaintiff, suing on behalf of her two minor
children, was ordered to respond to the Defendant’s dispositive motion by March 28, 2011. She
was advised that her failure to oppose the motion within the time allowed could result in
dismissal of the case on what the Court would treat as a conceded motion. The Plaintiff has
neither responded to the pending dispositive nor sought additional time to do so. Therefore, the
Court will treat the Defendant’s motion to dismiss as conceded and will dismiss the case. See
FDIC v. Bender, 127 F.3d 58, 68 (D.C. Cir. 1997) (discretion lies with the district court to grant
unopposed motion to dismiss as conceded pursuant to Local Civil Rule 7(b)). A separate Order
accompanies this Memorandum.
/s/ Beryl A. Howell
United States District Judge
DATE: April 29, 2011