McHugh v. City of Tacoma

Full title: GERALDINE M. McHUGH, Plaintiff, v. CITY OF TACOMA, et al., Defendants

Court: United States District Court, W.D. Washington, at Tacoma

Date published: Sep 23, 2011

CASE NO. C10-5450BHS (W.D. Wash. Sep. 23, 2011)

Opinion

CASE NO. C10-5450BHS.

September 23, 2011

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

BENJAMIN SETTLE, District Judge

This matter comes before the Court on Defendants' motion for summary judgment. Dkt. 27. Defendants' motion seeks summary judgment and dismissal of all of Plaintiff Geraldine M. McHugh's ("McHugh") remaining claims alleged in her complaint. Id. McHugh has failed to file a response to the motion.

A motion for summary judgment should not be granted simply because there is no opposition, even if the failure to oppose violated a local rule. See Henry v. Gill Indus., 983 F.2d 943, 950 (9th Cir. 1993). Rather, the moving party must demonstrate the absence of genuine issues of material fact, regardless of whether the party against whom the motion for summary judgment is directed has filed any opposition. See Cristobal v. Siegel, 26 F.3d 1488, 1491 (9th Cir. 1994).

Here, Defendants have demonstrated the absence of genuine issues of material fact and McHugh has failed to file an opposition. Accordingly, the Court concludes that Defendants' motion for summary judgment should be granted.

The Court, having considered the pleadings filed in support of the motion and the remainder of the file, does hereby find and ORDER that Defendants' motion for summary judgment (Dkt. 27) is GRANTED and the claims alleged in McHugh's complaint are DISMISSED with prejudice.