Traynor v. Mouser Electronics, Inc.

Background

Mouser Electronics, Inc. filed a motion to dismiss Yaseen Traynor’s complaint on November 18, 2019. Traynor’s response was due December 2, 2019. The court stated that it had not received a response. The complaint identifies the plaintiff as Yaseen Traynor, also known as Yaseen Traylor, and says he brought the action on behalf of himself and others similarly situated.

Order

The court ordered Traynor to file, no later than December 20, 2019, either a response to the motion to dismiss or a letter stating that he did not intend to file a response. The court explained that if Traynor said he intended to pursue the action but chose not to oppose the motion, the court would consider the motion fully presented and decide it. The court cited decisions explaining that a motion under Federal Rule of Civil Procedure 12(b)(6), which challenges whether a complaint states a legally sufficient claim, presents a legal question the court can decide from the complaint and the law.

Possible consequence

The court warned that if Traynor did not respond to the order by responding to the motion or submitting the specified letter, it might dismiss the action for failure to prosecute under Federal Rule of Civil Procedure 41(b). This order did not grant or deny the motion to dismiss and did not otherwise decide the claims.