Opinion
Case No. 2:04CV00700.
December 6, 2004
ORDER
This matter is before the court on Defendant American Express Financial Advisors, Inc.'s Motion to Dismiss. On July 30, 2004, Plaintiff Annalea Kendall filed a complaint alleging violations of the Age Discrimination in Employment Act ("ADEA"), the Fair Labor Standards Act, the Utah Antidiscrimination Act ("UADA"), and further alleging intentional infliction of emotional distress.
On September 9, 2004, Defendant filed a Motion to Dismiss the first, third and fourth causes of action (violations of the ADEA and UADA and the charge of intentional infliction of emotional distress) pursuant to Fed.R.Civ.P. 12(b)(6). The motion was properly served on Plaintiff at that time. Rule 7-1(b)(3) of the Rules of Practice for the United States District Court for the District of Utah requires that "a memorandum opposing a motion [including motions under Fed.R.Civ.P. 12(b)] must be filed within fifteen (15) days after service of the motion or within such extended time as allowed by the court." Failure to respond in a timely manner to a motion to dismiss authorizes the court to grant the motion without further notice. See DUCivR 7-1(d). Pursuant to a stipulation of the parties, the court ordered an extension of time to respond to Defendant's motion until October 15, 2004.
Although Plaintiff has had ample time to respond to Defendant's motion to dismiss-approximately 85 days since filing of the motion and 50 days since the date specified in the last extension of time-Ms. Kendell has not opposed it.
The court has thoroughly reviewed the materials including Ms. Kendell's Complaint and American Express Financial Advisors' motion. The court finds that American Express Financial Advisors' motion has merit. Accordingly, for the reasons set forth in Defendant's motion, the court GRANTS its motion and Ms. Kendell's first, third, and fourth causes of action are dismissed with prejudice.
SO ORDERED.