Gallegos v. New Mexico, 1:18-cv-00404-PJK-KK. (2018)
Court: District Court, D. New Mexico
Number: infdco20180530e75
Visitors: 2
Filed: May 29, 2018
Latest Update: May 29, 2018
Summary: ORDER GRANTING MOTION TO DISMISS COUNTS II and III PAUL KELLY, JR. , District Judge . THIS MATTER came on for consideration of the APS' Defendants Opposed Partial Motion to Dismiss filed May 7, 2018 (ECF No. 6). Upon consideration thereof, the Motion will be granted. Originally filed as an unopposed motion, the APS Defendants later filed a notice indicating that the motion was opposed. ECF No. 7 (May 16, 2018). A response was due May 21, 2018. D.N.M.LR-Civ. 7.4(a). No response to the motion
Summary: ORDER GRANTING MOTION TO DISMISS COUNTS II and III PAUL KELLY, JR. , District Judge . THIS MATTER came on for consideration of the APS' Defendants Opposed Partial Motion to Dismiss filed May 7, 2018 (ECF No. 6). Upon consideration thereof, the Motion will be granted. Originally filed as an unopposed motion, the APS Defendants later filed a notice indicating that the motion was opposed. ECF No. 7 (May 16, 2018). A response was due May 21, 2018. D.N.M.LR-Civ. 7.4(a). No response to the motion ..
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ORDER GRANTING MOTION TO DISMISS COUNTS II and III
PAUL KELLY, JR., District Judge.
THIS MATTER came on for consideration of the APS' Defendants Opposed Partial Motion to Dismiss filed May 7, 2018 (ECF No. 6). Upon consideration thereof, the Motion will be granted. Originally filed as an unopposed motion, the APS Defendants later filed a notice indicating that the motion was opposed. ECF No. 7 (May 16, 2018). A response was due May 21, 2018. D.N.M.LR-Civ. 7.4(a). No response to the motion has been filed nor have the Plaintiffs sought an extension or filed a notice indicating that the parties agreed to an extension of time. See id. The failure to serve and file a response constitutes consent to grant the motion. Id. 7.1(b).
NOW, THEREFORE, IT IS ORDERED that APS' Defendants Opposed Partial Motion to Dismiss filed May 7, 2018 (ECF No. 6), is granted and Counts II and III of Plaintiffs' First Amended Complaint are dismissed with prejudice.
Source: Leagle
