Opinion
Case No. 1:04CV11DAK.
July 26, 2004
ORDER DISMISSING CASE
On June 1, 2004, Defendant Shane Archibald filed a Motion to Quash and/or Motion to Dismiss. On June 7, 2004, Defendant Craig Webb filed a Motion to Dismiss on the grounds that the Complaint was not properly served and the instant action is barred by res judicata. The time for Defendant to oppose that motion has well passed and both Defendants have notified the court that no extensions of time have been granted. As of the date of this Order, Plaintiff has not opposed Defendants' motions.
Pursuant to DUCiv R 7-1(d), "[f]ailure to respond timely to a motion may result in the court's granting of the motion without further notice." Based upon Plaintiff's failure to respond and for the reasons stated in Defendants' motions, the court GRANTS both Defendants' motions. Accordingly, Plaintiff's case is DISMISSED and the hearing on Defendants' motions to dismiss set for August 19, 2003, at 3:00 p.m. is VACATED.