Opinion
CV-23-00248-PHX-ROS
06-05-2023
Jerome G Overstreet, Plaintiff, v. Living Spaces Furniture LLC, Defendant.
ORDER
Honorable Roslyn O. Silver, Senior United States District Judge
On May 12, 2023, Defendant filed a motion to dismiss for failure to state a claim. (Doc. 12). Plaintiff's opposition was due no later than May 26, 2023. No opposition was filed. Pursuant to Local Rule 7.2(i), Plaintiff's failure to file an opposition will “be deemed a consent to the . . . granting of the motion.” Based on Defendant's motion, Plaintiff's claims are untimely by many years. Therefore, leave to amend would be futile.
Accordingly, IT IS ORDERED the Motion to Dismiss (Doc. 12) is GRANTED.
IT IS FURTHER ORDERED the Clerk of Court shall enter a judgment of dismissal with prejudice and close this case.