Jennings v. Edlow

Summary

The United States District Court for the District of Columbia granted the defendants’ motion to transfer as conceded after the plaintiff failed to oppose the motion or seek an extension. The court transferred the action seeking adjudication of a pending I-130 petition to the District of Maryland and denied the motion to dismiss without prejudice as moot.

Holdings

1. Because Jennings did not file an opposition or request an extension by the court-ordered deadline, the court treated the defendants' motion to transfer or dismiss as conceded under Local Civil Rule 7(b).
2. The court transferred the case to the District of Maryland rather than dismissing it because transfer was the defendants' primary request and the court found transfer to be in the interest of justice.

Questions Presented

1. Whether the defendants' motion to transfer or dismiss should be treated as conceded under Local Civil Rule 7(b) because Jennings failed to oppose it.
2. Whether the case should be transferred to the United States District Court for the District of Maryland rather than dismissed.

Disposition

remanded