Opinion
Civil Action 22-2153-KHV
02-21-2023
AVD BELLMONT LLC, Plaintiff, v. DANIEL LOWE, LEGACY VENTURE WEST II, LLC, VENTURE WEST II, LC, LEGACY SHAWNEE, LLC, VENTURE WEST DEVELOPMENT, LLC, LEGACY OC, LLC, VENTURE WEST III DEVELOPMENT, L.L.C. VENTURE WEST DEVELOPMENT III, LLC, RICHARD B. KATZ, SANDBERG PHOENIX VON GONTARD, P.C., THE KATZ LAW FIRM, L.C., LYNN E. RUSSELL, RUSSELL LAW OFFICES, LLC, Defendants.
ORDER
KATHRYN H. VRATIL UNITED STATES DISTRICT JUDGE
This matter is before the Court on Defendants Richard Katz And Katz Law Offices, L.C.'s Joint Motion To Dismiss For Failure To State A Claim (Doc. #36) filed January 6, 2023. Plaintiff had until February 13, 2023 to respond to defendants' motion to dismiss. See Order (Doc. #43) (granting motion to extend deadline to February 13, 2023 at 5:00 PM). To date, plaintiff has not filed a response. If plaintiff fails to timely respond to a motion to dismiss, the Court will consider and decide the motion as uncontested and ordinarily grant it without further notice. See D. Kan. R. 7.1(c). For this reason and substantially the reasons stated in the Memorandum in Support Of Defendants Richard Katz And Katz Law Offices, L.C.'s Joint Motion To Dismiss For Failure To State A Claim (Doc. #37) filed January 6, 2023, the Court sustains defendants' motion to dismiss.
IT IS THEREFORE ORDERED that Defendants Richard Katz And Katz Law Offices, L.C.'s Joint Motion To Dismiss For Failure To State A Claim (Doc. #36) filed January 6, 2023 is SUSTAINED. The Court dismisses plaintiff's claims against Richard Katz and The Katz Law Firm, L.C. for failure to state a claim on which relief can be granted.