Hart

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 JOHANN EVERT HART, Case No.: 23-CV-1442-CAB-BLM

Plaintiff,

ORDER GRANTING UNOPPOSED

v. MOTION TO DISMISS

12 [Doc. No. 5] UNITED STATES OF AMERICA, Defendant. 15 This matter is before the Court on a motion to dismiss filed by Defendant the United States of America. [Doc. No. 5.] The motion was filed on October 6, 2023, and set a hearing date (for briefing purposes only) of November 13, 2023. Civil Local Rule 7.1.e.2 requires a party opposing a motion to file an opposition or statement of non-opposition no later than fourteen calendar days before the noticed hearing. Thus, based on the hearing date of November 13, 2023, Plaintiff’s opposition to the motion to dismiss was due on October 30, 2023. No opposition has been filed. Under the local rules, Plaintiff’s failure to oppose “may constitute a consent to the granting of [the] motion.” See S.D. Cal. CivLR 7.1.f.3.c. District courts …