Opinion
Civ. Action No. 12-1643 (ESH)
03-13-2013
MICHAEL K. CIACCI, Plaintiff, v. UNITED STATES DEPARTMENT OF EDUCATION et al., Defendants.
MEMORANDUM OPINION
Pending before the Court is Defendants' Motion to Dismiss under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure [Dkt. # 9]. By Order of January 28, 2013, plaintiff was advised to respond to defendants' motion by February 28, 2013, or risk dismissal of the case on what the Court might treat as a conceded motion. Plaintiff has neither filed a response to the pending motion to dismiss nor sought additional time to do so. Therefore, the Court will treat the motion as conceded and dismiss the case. See FDIC v. Bender, 127 F.3d 58, 68 (D.C. Cir. 1997) (discretion lies wholly with the district court to grant motion to dismiss as conceded). A separate Order accompanies this Memorandum Opinion.
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ELLEN SEGAL HUVELLE
United States District Judge