SKYLINE POTATO COMPANY, INC. v. TAN-O-ON MARKETING, INC., Civ 10-0698 JB/RHS. (2012)
Court: District Court, D. New Mexico
Number: infdco20120621b39
Visitors: 2
Filed: Jun. 20, 2012
Latest Update: Jun. 20, 2012
Summary: MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on Tan-O-On Marketing Inc.'s Motion to Withdraw Exhibit, filed February 22, 2012 (Doc. 115)("Motion"). The Court held a hearing on April 13, 2012. The primary issue is whether the Court should permit Defendant Tan-O-On-Marketing, Inc. to withdraw the document labeled Exhibit "D" attached to Tan-O-On Marketing's Response to Hi-Land Potato Company, Inc. and Carl Worley's Motion to Dismiss Fraud Cl
Summary: MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on Tan-O-On Marketing Inc.'s Motion to Withdraw Exhibit, filed February 22, 2012 (Doc. 115)("Motion"). The Court held a hearing on April 13, 2012. The primary issue is whether the Court should permit Defendant Tan-O-On-Marketing, Inc. to withdraw the document labeled Exhibit "D" attached to Tan-O-On Marketing's Response to Hi-Land Potato Company, Inc. and Carl Worley's Motion to Dismiss Fraud Cla..
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MEMORANDUM OPINION AND ORDER
JAMES O. BROWNING, District Judge.
THIS MATTER comes before the Court on Tan-O-On Marketing Inc.'s Motion to Withdraw Exhibit, filed February 22, 2012 (Doc. 115)("Motion"). The Court held a hearing on April 13, 2012. The primary issue is whether the Court should permit Defendant Tan-O-On-Marketing, Inc. to withdraw the document labeled Exhibit "D" attached to Tan-O-On Marketing's Response to Hi-Land Potato Company, Inc. and Carl Worley's Motion to Dismiss Fraud Claims and Dismissal of Individual Claims by Andersons, filed February 21, 2012 (Doc. 114)("Response to Motion to Dismiss"). No parties have filed a written response to the Motion. Failure to file a written response to a motion constitutes consent to granting the motion. See D.N.M.LR-Civ. 7.1(b) ("The failure of a party to file and serve a response in opposition to a motion within the time prescribed for doing so constitutes consent to grant the motion."). At the April 13, 2012 hearing, the parties stated that they did not oppose the Motion. See Transcript of Hearing at 54:13-21 (taken April 13, 2012) (Court, Esquivel, Bohnhoff, Feuchter).1 Because no parties oppose the Motion, the Court will grant the Motion.
IT IS ORDERED that Tan-O-On Marketing's Motion to Withdraw Exhibit, filed February 22, 2012 (Doc. 115), is granted.
FootNotes
1. The Court's citations to the transcript of the hearing refer to the court reporter's original, unedited version. Any final transcript may contain slightly different page and/or line numbers.
Source: Leagle
