November 29, 2010
JANIS C. LATIMORE, PLAINTIFF,
MARIA SANTIAGO, DEFENDANT.
The opinion of the court was delivered by: Emmet G. Sullivan United States District Judge
On May 3, 2010 plaintiff, proceeding pro se, filed this action in Superior Court alleging her employer made false accusations against her. On July 21, 2010, defendant removed the case to this Court, and on July 27, 2010 defendant filed a motion to dismiss. Doc. Nos. 1, 3.
On August 30, 2010, the court issued an order in accordance with Fox v. Strickland, 827 F.2d 507 (D.C. Cir. 1988). Doc. No. 6. The order advised plaintiff that if she failed to respond to defendant's motion the court could treat the motion as conceded and enter judgment in favor of defendant pursuant to Local Civil Rule 7(b). Rule 7(b) states, in relevant part, that if a memorandum of points and authorities is not filed, "the Court may treat the motion as conceded." LCvR 7(b).
Plaintiff has not filed a memorandum of points and authorities in opposition to defendant's motion to dismiss. Consequently, the court will deem the motion as conceded and DISMISS this action without prejudice to refiling. An appropriate order accompanies this memorandum opinion.
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