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MOORE v. THE CLIMATE CORPORATION, 15-4916-DDC-KGS. (2016)

Court: District Court, D. Kansas Number: infdco20160831d31 Visitors: 11
Filed: Aug. 30, 2016
Latest Update: Aug. 30, 2016
Summary: ORDER DANIEL D. CRABTREE , District Judge . This matter comes before the court on plaintiffs' Motion to Dismiss defendant Monsanto Company ("Monsanto") from the lawsuit without prejudice. Doc. 19. Monsanto never responded to this motion, and the time for doing so has expired. See D. Kan. R. 6.1(d)(2) (requiring litigants to file responses to motions to dismiss within 21 days). When a party fails to file a response to a motion within the local rule's time requirements, the court considers
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ORDER

This matter comes before the court on plaintiffs' Motion to Dismiss defendant Monsanto Company ("Monsanto") from the lawsuit without prejudice. Doc. 19. Monsanto never responded to this motion, and the time for doing so has expired. See D. Kan. R. 6.1(d)(2) (requiring litigants to file responses to motions to dismiss within 21 days). When a party fails to file a response to a motion within the local rule's time requirements, the court considers and decides the motion as an uncontested one and "[o]rdinarily . . . grant[s] the motion without further notice." D. Kan. R. 7.4(b).

After reviewing plaintiffs' motion and considering it an uncontested one, the court, in its discretion, grants plaintiffs' motion and dismisses Monsanto from the lawsuit without prejudice.

IT IS THEREFORE ORDERED BY THE COURT THAT plaintiffs' Motion to Dismiss (Doc. 19) is granted. The court dismisses defendant Monsanto Company from the lawsuit without prejudice.

IT IS SO ORDERED.

Source:  Leagle

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