Lemke

Lemke v. Jander

Good Law
United States District Court, Southern District of CaliforniaMay 5, 20203:20-cv-00362California512 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RICHARD G. LEMKE, Case No.: 20-CV-362 JLS (KSC)

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. UNOPPOSED MOTION TO DISMISS

GARY D. JANDER, (ECF No. 3) Defendant. 16 Presently before the Court is Defendant Gary D. Jander’s Motion to Dismiss (ECF No. 3). Plaintiff filed no opposition to the Motion. Under the Southern District’s local rules, “[i]f an opposing party fails to file [an opposition] . . . that failure may constitute a consent to the granting of a motion or other request for ruling by the court.” Civ. L. R. 7.1(f)(3)(c). “Failure to follow a district court’s local rules is a proper ground for dismissal.” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (affirming dismissal for failure to file timely opposition papers where plaintiff had notice of the motion and ample time to respond). When determining whether to dismiss for failure to follow local rules, the court is required to weigh…

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