Polus

Polus v. Sharp Healthcare

Good Law
United States District Court, Southern District of CaliforniaDecember 18, 20203:20-cv-02253California852 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAWAHER POLUS, Case No.: 20-CV-2253 JLS (LL)

Plaintiff,

ORDER GRANTING DEFENDANT

v. UNITED STATES OF AMERICA’S

MOTION TO DISMISS

SHARP HEALTHCARE; UNITED

STATES OF AMERICA; and DOES (ECF No. 3) 1 through 50, 16 Defendants.

Presently before the Court is the United States of America’s (the “United States”) Motion to Dismiss (“Mot.,” ECF No. 3). No opposition to the Motion has been filed. The Ninth Circuit has held that, pursuant to a local rule, a district court may properly grant a motion to dismiss for failure to respond to a motion. See generally 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). Here, a local rule allows the Court to grant the Motion. Civil Local Rule 7.1(f)(3)(c) provides: “If an opposing party fails to file [an…

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