Opinion
Case No. 1:02CV00168.
June 17, 2004
ORDER
Before the Court is defendant KG Management's Motion for Summary Judgment. Defendant moved the Court to grant Summary Judgment in its favor on January 30, 2004. Plaintiffs failed to file a response to defendant's Summary Judgment Motion, which led to defendant filing a Request for Ruling on April 7, 2004. Plaintiffs responded to the Request for Ruling by submitting an Objection in which plaintiffs' counsel represented to the Court that he was very busy, but also represented that if the Court allowed him a time extension he would file an opposition memorandum by April 16, 2004. The Court allowed plaintiffs' the requested extension. However, no opposition memorandum was received by the Court by the April 16 deadline. Approximately two weeks after the April 16 deadline the Court contacted Plaintiffs' counsel by telephone and was once again assured that he would soon file his opposition memorandum.
Pursuant to DUCivR 56-1(b) the party opposing a motion for summary judgment has thirty (30) days in which to respond; failure to respond can result in the granting of the motion by the Court without further notice. Defendant filed its Motion for Summary Judgment on January 30, 2004; plaintiffs' opposition memorandum should have been filed with the Court by March 2, 2004. As of the date of this Order plaintiffs' counsel has yet to respond to defendant's Motion for Summary Judgment. The Court set oral argument to hear defendant's Motion for June 17, 2004. Under the circumstances, oral argument is unnecessary. Plaintiffs failed to meet the requirements of DUCivR 56-1. Pursuant to DUCivR 56-1(f) the Court GRANTS defendant's Motion for Summary Judgment.
IT IS SO ORDERED.