Case 4:25-cv-01234        Document 59         Filed 04/22/26 in TXSD    Page 1 of 2
                                                                                 United States District Court
                                                                                    Southern District of Texas

                                                                                       ENTERED
                                                                                       April 22, 2026
                    IN THE UNITED STATES DISTRICT COURT
                                                                                    Nathan Ochsner, Clerk
                    FOR THE SOUTHERN DISTRICT OF TEXAS
                             HOUSTON DIVISION

Sun Zhongjian, et al.,                         §
                                               §
                Plaintiffs,                    §
                                               §
v.                                             §           Civil No. 4:25-cv-1234
                                               §
enCore Energy Corp., et al.,                   §
                                               §
                Defendants.                    §

                                          ORDER

       On March 10, 2026, Defendants moved to dismiss Plaintiffs’ Amended Complaint

for failure to state a claim. Doc. 55. Plaintiffs failed to respond. Pursuant to the Local

Rules of the Southern District of Texas, a plaintiffs’ failure to respond within 21 days

“will be taken as a representation of no opposition.” See Local Rules 7.3 and 7.4.

       The Federal Rules of Civil Procedure “do not, by their own terms, require a party

to file a response in opposition to a motion to dismiss.” Webb v. Morella, 457 F. App’x

448, 452 n.4 (5th Cir. 2012). A district court may not “grant[] the motion to dismiss for

failure to state a claim solely because the [Plaintiffs] failed to oppose the motion.” Id.

(citing John v. Louisiana, 757 F.2d 698, 707–10 (5th Cir. 1985)).

       By May 15, 2026, the parties are directed to file a joint status update of no more

than three pages apprising the Court of the current status of this case. If Plaintiffs wish to

oppose Defendant’s motion, they may seek leave to file a late response under Federal

Rule of Civil Procedure 6.


Case 4:25-cv-01234   Document 59     Filed 04/22/26 in TXSD   Page 2 of 2


 SO ORDERED.

 SIGNED at Houston, Texas, on the 22nd of April, 2026.


                                       __________________________
                                       Nicholas J. Ganjei
                                       United States District Judge