Free Order on Motion for Summary Judgment - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 County of Maricopa, et al., 13 Defendants. 14 15 16 Before the court is Defendants' Motion for Summary Judgment on counts III and VII, 17 the last remaining counts in this case. (Doc. #32). By order entered June 3, 2005 (doc. #34), 18 Magistrate Judge Anderson extended plaintiff's time to respond to both these motions until 19 July 18, 2005. The same order advised plaintiff as required by Rand v. Rowland, 154 F.3d 20 21 consequences of failure to timely respond. No response has been filed. Under LRCiv 7.2(i), 22 "If the opposing party does not serve and file the required answering memorandum . . . such 23 non-compliance may be deemed a consent to the denial or granting of the motion and the 24 Court may dispose of the motion summarily." Nevertheless, the court has viewed the 25 unopposed motion for summary judgment and decides it on its merits. 26 IT IS THEREFORE ORDERED that Defendants' Motion for Summary Judgment 27 (doc. # 32) is granted. 28
Case 2:03-cv-01943-NVW-LOA Document 40 Filed 08/26/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

James Daley, Plaintiff, vs.

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No. CV 03-1943-PHX-NVW ORDER

952, 962 (9th Cir. 1998), of these obligations to respond to the motions and of the

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IT IS FURTHER ORDERED that the clerk shall enter judgment in favor of Defendants on counts III and VII that Plaintiff take nothing and that the clerk shall terminate this action. DATED this 25th day of August, 2005.

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