Hernandez v. Nissan North America, Inc.
Hernandez v. Nissan North America, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION Case Number: 23-22301-CIV-MARTINEZ CINDY HERNANDEZ, Plaintiff,
NISSAN MOTOR CORPORATION, LTD, and NISSAN NORTH AMERICA, INC., Defendants. / ORDER GRANTING MOTION TO DISMISS THIS CAUSE came before this Court on Defendant Nissan North America, Inc.’s Motion to Dismiss (the “Motion”), (ECF No. 3). Pursuant to Rule 7.1 of the Local Rules for the Southern District of Florida, Plaintiff was required to respond to the Motion on or before July 17, 2023. Plaintiff failed to file a response and this Court issued an Order to Show Cause on January 22, 2024. (ECF No. 22). To date, Plaintiff has failed to respond to the Motion and the Order to Show Cause. As Local Rule 7.1(c) makes clear, the failure to respond to a motion “may be deemed sufficient cause for granting the motion by default.” See Emrit v. Plantation Gen. Hosp., No. 17- 61814-CIV,
2018 WL 1814109, at *1 (S.D. Fla. Jan. 31, 2018) (granting by default motion to dismiss for failure to serve an opposing memorandum of law in violation of Local Rule 7.1(c)). Accordingly, after careful consideration, it is ORDERED AND ADJUDGED that: 1. The Motion, (ECF No. 3), is GRANTED by default. 2. The Clerk is DIRECTED to CLOSE this case and DENY all pending Motions as MOOT. DONE AND ORDERED in Chambers at Miami, Florida, this'30 day of January, 2024.
JOSE E. kel ] Copies provided to: UNITEDATATES DISTRICT JUDGE All Counsel of Record
Reference
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