Phan
Phan v. University & State Employees Credit Union
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 TAN PHAN, PhD, Case No.: 23-CV-75-W-BGS
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS AND GRANTING
PLAINTIFF LEAVE TO AMEND
UNIVERSITY & STATE EMPLOYEES CREDIT UNION, a nonprofit corporation; 13 ROBERT AGUILERA, an individual; and DOES 1 through 10, inclusive, Defendants. 16 17 Pending before the Court is Defendants’ motion to dismiss Plaintiff Tan Phan, Ph.D.’s Complaint, which Defendants removed to this Court (Doc. 2). Plaintiff failed to respond in opposition. For the following reasons, the Court dismisses without prejudice Plaintiff’s Complaint and grants Plaintiff leave to amend. The Court’s Civil Local Rules provide that a party’s failure to oppose a motion as required by Local Rule 7.1.e.2 “may constitute a consent to the granting of a motion or other request for ruling by the Court.” CivLR 7.1.f.3.c. A district court may properly grant a motion to dismiss for failure to respond in…