Opinion
Civil Action No. 04-2021-CM.
April 7, 2004
MEMORANDUM AND ORDER
Plaintiff filed suit on January 20, 2004. On February 10, 2004, defendant filed a motion to dismiss plaintiff's complaint in its entirety. The deadline to file a response to defendant's motion was March 4, 2004, but plaintiff has not responded. See D. Kan. Rule 6.1(e)(2) (providing 20 days to respond to a dispositive motion); Fed.R.Civ.P. 6(e) (adding another 3 days to account for possible delays in delivery or for time lapse caused by mailing).
District of Kansas Rule of Practice 7.4 provides:
The failure to file a brief or response within the time specified within [Rules 6.1 and 7.1(c)] shall constitute the waiver of the right thereafter to file such brief or response, except upon a showing of excusable neglect. . . . If a respondent fails to file a response within the time required by [Rules 6.1 and 7.1(c)], the motion will be considered and decided as an uncontested motion, and ordinarily will be granted without further notice.
The court hereby orders plaintiff to file a response to defendant's motion, within 20 days after the date of the court's order. If plaintiff fails to file a response to defendant's motion within 20 days of this order, the court will consider defendant's motion as unopposed, and the court will issue its order based solely on the merits of defendant's arguments and without regard to plaintiff's opposition to dismissal. IT IS SO ORDERED.