Nathaniel Rivera v. CortiCare Inc. and Does 1 to 100, inclusive

Summary

The United States District Court for the Southern District of California granted CortiCare, Inc.’s unopposed motion to dismiss Nathaniel Rivera’s First Amended Complaint. The court deemed Rivera’s failure to file an opposition consent to granting the motion under the local rules and dismissed the complaint without prejudice.

Holdings

1. Because Plaintiff knew of the motion, had ample time to respond, filed no proper opposition, and did not request an extension, the court deemed Plaintiff's failure to oppose the motion consent to granting it under S.D. Cal. Civ. R. 7.1(f)(3)(c).
2. The court granted Defendant's unopposed motion to dismiss and dismissed the First Amended Complaint without prejudice.

Questions Presented

1. Whether the court could treat Plaintiff's failure to file a proper opposition to the motion to dismiss as consent to granting the motion under Southern District of California Civil Local Rule 7.1(f)(3)(c).
2. Whether the First Amended Complaint should be dismissed without prejudice because Plaintiff failed to oppose the motion to dismiss.

Disposition

dismissed