J.M. v. Rhee ( 2010 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
J.M. et al., )
)
Plaintiffs, )
)
v. ) Civ. Action No. 09-1769 (RJL)
)
RHEE et al., )
)
Defendants. )
MEMORANDUM OPI~
(April ~20 10) [#2]
ORDER
Plaintiff, J.M., brought this action against defendants Michelle Rhee ("Rhee"), Kerri
Briggs ("Briggs"), and the District of Columbia, seeking monetary and injunctive relief under
the Individuals with Disabilities Education Act, 20 U .S.C. §§ 1400 et seq ("IDEA").
Presently before the Court is defendants' Motion to Dismiss individual defendants Rhee and
Briggs, claiming that the complaint fails to identify any specific actions by or request relief
from individual defendants Rhee and Briggs. Forthe following reasons, the Court GRANTS
defendants' motion to dismiss.
Local Rule of Civil Procedure 7(b) provides that an opposing party has 14 days to file
a memorandum in opposition to the motion and if such party fails to do so, the court may
treat the motion as conceded. LCvR 7(b). This rule is a "docket-management tool that
facilitates efficient and effective resolution of motions by requiring the prompt joining of
issues." Fox v. American Airlines, Inc., 389 F.3d 1291, 1294 (D.C. Cir. 2004). In Fox, the
D.C. Circuit affirmed the District Court's holding that "because the plaintiffs failed to
respond to the defendant's ... motion, the court treats the motion as conceded and grants the
motion." Jd. (citations omitted). Whether to treat the motion as conceded under Local Rule
of Civil Procedure 7(b) is highly discretionary; and our Circuit Court has noted that "where
the district court relies on the absence of a response as a basis for treating the motion as
conceded, [the D.C. Circuit will] honor its enforcement of the rule." Twelve John Does v.
District of Columbia, 117 F.3d 571,577 (D.C. Cir. 1997).
In light of the fact that plaintiff failed to file an opposition to defendants' motion to
dismiss, the Court will treat defendants' motion as conceded. LCvR 7(b). Therefore, in light
of the plaintiffs concession and based on a review of the pleadings, the relevant law cited
therein, and the record, it is hereby
ORDERED that defendants' Motion to Dismiss Rhee and Briggs from this action
[#2] is GRANTED.
SO ORDERED.
United States District Judge
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