UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                

Dennis Guldan,                               Civ. No. 24-3695 (PAM/DLM)     

          Plaintiff,                                                 
v.                                                        ORDER           

Louis DeJoy,                                                              

          Defendant.                                                 

This matter is before the Court on Defendant’s Motion to Dismiss, which was filed 
on October 21, 2024.  Local Rule 7.1(c)(2) provides that the non-moving party must file 
and serve its response within 21 days after the filing of a motion to dismiss.  D. Minn. 
Local Rules 7.1(c)(2).  “If a party fails to timely file and serve a memorandum of law, the 
court may” cancel the hearing or “take any other action the court considers appropriate.”  
Id. 7.1(g).    Here,  Plaintiff  has  filed  neither  a  responsive  memorandum  of  law  in 
opposition to Defendant’s Motion to Dismiss, which would have been due on November 
12, 2024, nor a request asking for more time to file such a response.1    
Therefore, the Court cancels the hearing scheduled for December 19, 2024, and 
dismisses Plaintiff’s complaint without prejudice for failure to prosecute.  See Henderson 
v. Renaissance Grand Hotel, 

 (8th Cir. 2008) (“A district court has 
discretion to dismiss an action under Rule 41(b) for a plaintiff’s failure to prosecute, or to 
comply with the Federal Rules of Civil Procedure or any court order.”).   

1    The twenty-first day after October 21, 2024, was November 11, Veteran’s Day.  
However, when the last day of a briefing period falls on a legal holiday, the Federal Rules 
of Civil Procedure extend the period by one day.  Fed. R. Civ. P. 6(a)(1).   
Accordingly, IT IS HEREBY ORDERED that:                              
1.   The hearing on the Motion to Dismiss (Docket No. 10) is CANCELED;  

2.   Defendant’s Motion to Dismiss (Docket No. 8) is DENIED as moot; and  
3.   The Complaint (Docket No. 1-1) is DISMISSED without prejudice due to 
     Plaintiff’s failure to prosecute.                               
LET JUDGMENT BE ENTERED ACCORDINGLY.                                      
Dated:  November 27, 2024           s/ Paul A. Magnuson                   
                              Paul A. Magnuson                       
                              United States District Court Judge     

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                

Dennis Guldan,                               Civ. No. 24-3695 (PAM/DLM)     

          Plaintiff,                                                 
v.                                                        ORDER           

Louis DeJoy,                                                              

          Defendant.                                                 

This matter is before the Court on Defendant’s Motion to Dismiss, which was filed 
on October 21, 2024.  Local Rule 7.1(c)(2) provides that the non-moving party must file 
and serve its response within 21 days after the filing of a motion to dismiss.  D. Minn. 
Local Rules 7.1(c)(2).  “If a party fails to timely file and serve a memorandum of law, the 
court may” cancel the hearing or “take any other action the court considers appropriate.”  
Id. 7.1(g).    Here,  Plaintiff  has  filed  neither  a  responsive  memorandum  of  law  in 
opposition to Defendant’s Motion to Dismiss, which would have been due on November 
12, 2024, nor a request asking for more time to file such a response.1    
Therefore, the Court cancels the hearing scheduled for December 19, 2024, and 
dismisses Plaintiff’s complaint without prejudice for failure to prosecute.  See Henderson 
v. Renaissance Grand Hotel, 

 (8th Cir. 2008) (“A district court has 
discretion to dismiss an action under Rule 41(b) for a plaintiff’s failure to prosecute, or to 
comply with the Federal Rules of Civil Procedure or any court order.”).   

1    The twenty-first day after October 21, 2024, was November 11, Veteran’s Day.  
However, when the last day of a briefing period falls on a legal holiday, the Federal Rules 
of Civil Procedure extend the period by one day.  Fed. R. Civ. P. 6(a)(1).   
Accordingly, IT IS HEREBY ORDERED that:                              
1.   The hearing on the Motion to Dismiss (Docket No. 10) is CANCELED;  

2.   Defendant’s Motion to Dismiss (Docket No. 8) is DENIED as moot; and  
3.   The Complaint (Docket No. 1-1) is DISMISSED without prejudice due to 
     Plaintiff’s failure to prosecute.                               
LET JUDGMENT BE ENTERED ACCORDINGLY.                                      
Dated:  November 27, 2024           s/ Paul A. Magnuson                   
                              Paul A. Magnuson                       
                              United States District Court Judge