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TAMMY HERSEY, as Personal Representati v. of the Estate of Jason Hersey, Plaintiff,

ORDER GRANTING MOTION TO DISMISS

JOHN WOODCOCK JR., District Judge

By Complaint dated September 29, 2009, Tammy Hersey, personal representative of the Estate of Jason Hersey, filed a reach and apply action in Superior Court for Aroostook County, state of Maine under 24-A M.R.S.A. § 2904 against Kemper Independence Insurance Company (Kemper). Compl. Attach. 2 (Docket # 1). Kemper duly removed the case to this Court on October 19, 2009 on the basis of diversity of citizenship, 28 U.S.C. § 1332. Notice of Removal (Docket # 1). On the same day, Kemper moved to dismiss Ms. Hersey's Complaint. Mot. to Dismiss (Docket # 5). Under Local Rule 7(b), Ms. Hersey was required to object to Kemper's motion within twenty-one (21) days or by November 9, 2009. D. Me. Local Rule 7(b). She failed to do so. The Rule provides that the failure to file a timely objection means that the non-objecting party "shall be deemed to have waived objection." Id.

Accordingly, the Court deems Ms. Hersey to have waived objection to Kemper's motion to dismiss by failing to file a timely objection. The Court hereby DISMISSES the Plaintiff's Complaint without prejudice.

SO ORDERED.

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HERSEY v. KEMPER INDEPENDENCE INSURANCE COMPANY
(Nov 10, 2009)