AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Plaintiff's attorney contacted the Defendant and the Plaintiff's daughter, advising them to collect the Plaintiff's equipment and personal belongings from a motel.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Appellant: The Plaintiff submitted a memorandum in support of reversing the district court's decision, seeking to clarify the complaint's allegations regarding the notification to collect his belongings from the motel (para [RP 8]).
• Defendant-Appellee: Did not file a memorandum in opposition, and the time to do so has passed (para [RP 8]).

Legal Issues

• Whether the district court's order dismissing the Plaintiff's complaint with prejudice should be reversed.

Disposition

• The Court of Appeals reversed the district court's order dismissing the Plaintiff's complaint with prejudice.

Reasons

• Per Cynthia A. Fry, Chief Judge (Jonathan B. Sutin, Judge, and Michael E. Vigil, Judge, concurring): The decision to reverse the district court's dismissal of the Plaintiff's complaint was based on the absence of opposition from the Defendant to the Court's second proposed summary disposition. The Plaintiff's memorandum in support, which sought to clarify the allegations made in the complaint, was considered in the absence of any counterarguments from the Defendant.