Thomas v. Federal Express Corporation ( 2023 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Juan Thomas, No. CV-22-01960-PHX-DJH 10 Plaintiff, ORDER 11 v. 12 Federal Express Corporation, 13 Defendant. 14 15 Pending before the Court is Defendant Federal Express Corporation’s 16 (“Defendant”) Motion to Dismiss (Doc. 5), filed on November 23, 2022. Defendant seeks 17 dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure and argues Plaintiff’s 18 claims are: (1) barred by the 300-day time limit for filing a charge with the Equal 19 Employment Opportunity Commission; (2) barred due to Plaintiff’s failure to exhaust 20 administrative remedies; (3) and fails to establish the elements for discrimination, 21 retaliation, or hostile work environment under Title VII. (Doc. 5 at 1). Plaintiff did not 22 file a response to Defendant’s Motion, and the time to do so has passed. See LRCiv. 7.2(c) 23 (opposing party has 14 days after service within which to serve and file a responsive 24 memorandum). This is despite the warning and extended response deadline that Plaintiff 25 received. (See generally Doc. 7). 26 Under Rule 7.2 of the Local Rules of Civil Procedure, if a party “does not serve and 27 file the required answering memoranda, . . . such non-compliance may be deemed a consent 28 to the denial or granting of the motion and the Court may dispose of the motion || summarily.” LRCiv. 7.2(i); see also Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir. 1994). 2|| Because Plaintiff failed to respond to Defendant’s Motion to Dismiss, the Court will || construe this as consent to granting the motion. Moreover, the Court finds that the bases 4|| for the motion are meritorious. 5 Accordingly, 6 IT IS ORDERED that Defendant Federal Express Corporation’s (“Defendant”) 7|| Motion to Dismiss (Doc. 5) is GRANTED. The Clerk of Court is kindly directed to 8 || terminate this action. 9 Dated this 23rd day of January, 2023. 10 11 ( . fe □□ 12 norable' Diang4. Huretewa 3 United States District Fudge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-