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Helen Perez v. Tribal Health Project

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


April 9, 2013

HELEN PEREZ,
PLAINTIFF,
v.
TRIBAL HEALTH PROJECT, INC.,
DEFENDANT.

ORDER GRANTING MOTION TO 12 DISMISS

CONSOLIDATED

Now pending before the Court is Defendant Consolidated Tribal Health Project, Inc.'s ("Defendant") unopposed motion to dismiss 20 pursuant to Federal Rule of Civil Procedure 12(b)(1). ECF No. 4 21 ("MTD").

After Plaintiff Helen Perez ("Plaintiff") failed to file 22 a timely opposition to the motion, the Court issued an order to 23 show cause why the case should not be dismissed. ECF No. 12. At 24 the show cause hearing, Plaintiff's counsel explained that 25 Plaintiff believed that this case had been improperly removed to 26 federal court. The Court instructed Plaintiff to file a motion to 27 remand, which she did on February 8, 2013. ECF Nos. 15, 16. On 28 March 21, 2013, the Court denied Plaintiff's motion to remand and instructed her to file an opposition to Defendant's still pending 2 motion to dismiss within fourteen days of the signature date of the 3 Order. ECF No. 29. Plaintiff has yet to oppose Defendant's motion 4 to dismiss. For these reasons and good cause shown, the Court 5 hereby GRANTS Defendant's motion to dismiss and DISMISSES 6

Plaintiff's action in its entirety. 7 8

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20130409

© 1992-2013 VersusLaw Inc.



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