Ciacci v. United States Department of Education ( 2013 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MICHAEL K. CIACCI, )
)
Plaintiff, )
)
v. ) Civ. Action No. 12-1643 (ESH)
)
UNITED STATES DEPARTMENT )
OF EDUCATION et al., )
)
Defendants. )
____________________________________)
MEMORANDUM OPINION
Pending before the Court is Defendants’ Motion to Dismiss under Rules 12(b)(1) and
12(b)(6) of the Federal Rules of Civil Procedure [Dkt. # 9]. By Order of January 28, 2013,
plaintiff was advised to respond to defendants’ motion by February 28, 2013, or risk dismissal of
the case on what the Court might treat as a conceded motion. Plaintiff has neither filed a
response to the pending motion to dismiss nor sought additional time to do so. Therefore, the
Court will treat the motion as conceded and dismiss the case. See FDIC v. Bender, 127 F.3d 58,
68 (D.C. Cir. 1997) (discretion lies wholly with the district court to grant motion to dismiss as
conceded). A separate Order accompanies this Memorandum Opinion.
___________/s/___________
ELLEN SEGAL HUVELLE
DATE: March 13, 2013 United States District Judge