Crosby
Crosby v. Neff
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CURTIS CHARLES CROSBY, Case No. 1:23-cv-01363-CDB
12 Plaintiff, ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS
13 v. (Doc. 15) 14 DONALD CHARLES NEFF,
15 Defendant. 16 17 On September 15, 2023, Plaintiff Curtis Charles Crosby (“Plaintiff”) initiated this action 18 with the filing of a complaint against Defendant Donald Charles Neff (“Defendant”). (Doc. 1). 19 Although no cause of action expressly is asserted in the complaint, the allegations appear to advance 20 a claim for negligence relating to an automobile accident between the parties. Id. 21 Pending before the Court is Defendant’s motion to dismiss for improper venue pursuant to 22 Fed. R. Civ. P. 12(b)(3), filed January 8, 2024. (Doc. 15). Although Plaintiff was required within 23 14 days thereafter to file either an opposition or statement of non-opposition, he has filed neither; 24 accordingly, the Court construes Plaintiff’s failure to timely respond to Defendant’s motion as a 25 non-opposition to the motion. See Local…