Jennings v. Edlow

Summary

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

Holdings

1. When a party fails to file an opposition to a motion within the applicable deadline, the court may treat the motion as conceded under Local Civil Rule 7(b).
2. When transfer is the defendants' primary request and transfer is in the interest of justice, the court may transfer the case rather than dismiss it.

Questions Presented

1. Whether Defendants' motion to transfer or dismiss should be treated as conceded because Jennings failed to oppose it.
2. Whether the case should be transferred to the District of Maryland rather than dismissed.

Disposition

transferred