DeNucci
DeNucci v. Aflac
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Peter DENUCCI, Case No.: 25-cv-0540-AGS-DDL Plaintiff, ORDER GRANTING UNOPPOSED
MOTION TO DISMISS (ECF 4),
v.
VACATING HEARING, AND
AFLAC, CLOSING CASE Defendant. 8 Plaintiff Peter DeNucci filed a state-court complaint alleging the “wrongful denial of long-term disability (LTD) benefits under an insurance policy issued by Aflac.” (See ECF 1-3, at 5.) Defendant Aflac removed to federal court and moved to dismiss for lack of personal jurisdiction and failure to state a claim, arguing primarily that it was not subject to California state jurisdiction nor was it the insurer or processor of DeNucci’s long-term disability benefits. (See generally ECF 4.) The Court ordered DeNucci to file “any response to the pending motion to dismiss” by “May 30, 2025.” (ECF 5.) To date, he has filed nothing; indeed, he has not participated in this suit since its removal to federal court. When “a plaintiff fails to defend [a] cause of…