Opinion
No. 2:05-cv-2232-GEB-PAN.
February 22, 2006.
ORDER
This motion was determined to be suitable for decision without oral argument. L.R. 78-230(h).
On January 3, 2006, Defendant Kathleen Ciula moved to dismiss Plaintiffs' second claim for relief with prejudice under Federal Rule of Civil Procedure 12(b)(6). (Mot. to Dismiss at 6.) On January 12, 2006, Plaintiffs filed a Statement of Non-Opposition which stated "Plaintiffs do not oppose [D]efendant Ciula's Motion to Dismiss [P]laintiffs' second claim for relief." (Statement of Non-Opp'n at 1.) Therefore, the Motion to Dismiss is granted; the second claim for relief in Plaintiffs' Complaint is dismissed with prejudice.
IT IS SO ORDERED.