MARBURY LAW GROUP, PLLC v. CARL, No. 1:2009cv01402 - Document 16 (D.D.C. 2009)

Court Description: MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on December 3, 2009. (lcckk2 )

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARBURY LAW GROUP, PLLC, Plaintiff/Counter-Defendant, v. Civil No. 09-1402 (CKK) BERNARD J. CARL, Defendant/Counter-Plaintiff. MEMORANDUM OPINION (December 3, 2009) On July 28, 2009, Plaintiff, the Marbury Law Group, PLLC, ( Marbury ) filed the Complaint in the above-captioned matter seeking to enforce a monetary judgment entered by the Fairfax County Circuit Court in favor of Marbury and against Defendant, Bernard J. Carl, in the amount of $135,324.07. See Complaint, Docket No. [1]. On October 15, 2009, Mr. Carl filed an Answer and Counterclaim to Marbury s Complaint. See Ans. & Counterclaim, Docket Nos. [6] & [7]. Thereafter, on November 2, 2009, Marbury filed a [13] Motion to Dismiss Defendant s Counterclaim and a [12] Motion to Dismiss its own Complaint for a lack of subject matter jurisdiction. Mr. Carl is representing himself, pro se. On November 9, 2009, the Court issued an [14] Order, pursuant to the D.C. Circuit s decision in Fox v. Strickland, 837 F.2d 507 (D.C. Cir. 1988), advising Mr. Carl that he must respond to both Marbury s [13] Motion to Dismiss his Counterclaim and Marbury s [12] Motion to Dismiss its own Complaint by no later than Monday, November 30, 2009, or the Court would treat the motions as conceded and dismiss both Marbury s Complaint and Carl s Counterclaim. As of the date of this Memorandum Opinion and accompanying Order, the docket reflects that no such response has been filed by Mr. Carl. Accordingly, pursuant to this Court s November 9, 2009 Order, the Court shall GRANT as conceded Marbury s [13] Motion to Dismiss Defendant s Counterclaim and Marbury s [12] Motion to Dismiss its own Complaint. This case is therefore DISMISSED in its entirety WITHOUT PREJUDICE. An appropriate Order accompanies this Memorandum Opinion. Date: December 3, 2009 /s/ COLLEEN KOLLAR-KOTELLY United States District Judge 2

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