Opinion
Civ. 22-589 GJF/LF
11-22-2022
MANUEL ALVAREZ, Plaintiff, v. OREION MOTORS, LLC and KENT KNOX, Defendants.
GREGORY J. FOURATT, UNITED STATES MAGISTRATE JUDGE Presiding by Consent
ORDER ON MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
THIS MATTER is before the Court upon Plaintiff's “Motion for Leave to File Second Amended Complaint” [ECF 24]. Noting Defendants' failure to timely respond to the Motionand that Local Rule 7.1(b) dictates that “failure of a party to file and serve a response in opposition . . . constitutes consent to grant the motion,” the Court finds Plaintiff's Motion well-taken and GRANTS it.
The Motion, filed on October 27, 2022, required a response filed by no later than November 10, 2022, to be considered a timely and valid challenge. See D.N.M.LR-Civ. 7.4(a) (“A response must be served and filed within
IT IS THEREFORE ORDERED that Plaintiff may file his proposed Second Amended Complaint.
SO ORDERED.