Howard v. Airbnb, Inc.
Howard v. Airbnb, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION
TERESHA HOWARD, JAMAL HOW- ARD,
Plaintiffs, Case No. 5:24-CV-01457-JKP v.
AIRBNB, INC., ROBERT BRAZIL, NOVITA BRAZIL, DECEASED;
Defendants. MEMORANDUM OPINION AND ORDER Before the Court is Defendants Robert Brazil and Novita Brazil (Deceased)’s (the “Bra- zils”) Motion to Dismiss filed March 7, 2025. ECF No. 17. To date, Plaintiffs Teresha Howard and Jamal Howard (“Plaintiffs”) filed no substantive response. Upon consideration, the Court GRANTS the Brazils’ Motion to Dismiss, (ECF No. 17). BACKGROUND On May 7, 2025, United States Magistrate Judge Elizabeth S. Chestney ordered Plaintiffs to show cause for failing to respond to the Brazils’ Motion. ECF No. 19. On May 20, 2025, Plaintiffs filed their Response stating, “Plaintiffs request Mr. Robert Brazil’s motion for dismis- sal to be denied.” ECF No. 20. Because this is not a substantive response to the Brazils’ Motion, containing no argument or legal authority, the Court ordered Plaintiffs to file a substantive re- sponse no later than June 6, 2025. ECF No. 23. In the Order, the Court warned Plaintiffs should they fail to file a substantive response to the Brazils’ Motion the Court will consider the Brazils’ Motion unopposed. Id. Plaintiff did not respond to the Court’s Order and the deadline to do so expired. LEGAL STANDARD When a party fails to respond to a motion, “the court may grant the motion as unop- posed.” W.D. Tex. Civ. R. 7(d)(2). The Court may apply this terminal Local Rule to dispositive motions to dismiss. Suarez v. Ocwen Loan Servicing, LLC, No. 5:15-CV-664,
2015 WL 7076674, at *2 (W.D. Tex. Nov. 12, 2015); Hernandez v. Deutsche Bank Tr. Co., No. EP-12- CV-282,
2012 WL 12887898, at *2 (W.D. Tex. Aug. 21, 2012). DISCUSSION Under the circumstances of this case, the Court will apply Local Rule 7(d)(2) which al- lows granting this dispositive motion, the Brazils’ Motion to Dismiss, (ECF No. 17), as unop- posed. CONCLUSION Based on the foregoing, the Court therefore GRANTS the Brazils’ Motion to Dismiss, (ECF No. 17). Accordingly, Novita Brazil and Robert Brazil are DISMISSED as defendants. To facilitate timely receipt of this Order, the Clerk of Court is DIRECTED to email a copy of this Order to Plaintiffs at: 1) tereshach@ gmail.com The Clerk of Court is further DIRECTED to mail, via certified mail with return receipt requested, a copy of this Order to: 1) Teresha Howard and Jamal Howard, 1938 Brogan Drive, Woodland, California 95776 It is so ORDERED. SIGNED this 12th day of June, 2025. / i haan ALLNV U D STATES DISTRICT JUDGE
Reference
- Status
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