Perez v. General Motors LLC et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Vincente Perez,
Plaintiff,
v.
General Motors LLC, et al.,
Defendants.
No. CV-25-03448-PHX-KML
ORDER
On December 23, 2025, defendant General Motors LLC filed a motion to dismiss
pursuant to Rule 12(b)(6). (Doc. 9.) The response to that motion was due January 6, 2025.
Local Rule 7.2(c). No response was filed. Pursuant to Local Rule 7.2(i), failure to file a
response may be deemed a consent to the granting of the motion and the court “may dispose
of the motion summarily.” In the circumstances of this case, granting the motion dismiss
is appropriate.
Failure to file a timely opposition may indicate plaintiff has abandoned his case. In
an abundance of caution, plaintiff is granted leave to file an amended complaint. If he
chooses to do so, plaintiff must include additional factual allegations to account for the
arguments in the motion to dismiss.
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Case 2:25-cv-03448-KML Document 10 Filed 01/08/26 Page 1 of 2

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Accordingly,
IT IS ORDERED the Motion to Dismiss (Doc. 9) is GRANTED. No later than
January 26, 2026, plaintiff shall file an amended complaint. The Clerk of Court is directed
to enter a judgment of dismissal if no amended complaint is filed by that date.
Dated this 8th day of January, 2026.
Case 2:25-cv-03448-KML Document 10 Filed 01/08/26 Page 2 of 2