Moore v. United States

MEMORANDUM **

David and Veronica Moore appeal the district court’s grant of summary judgment in favor of the United States. We reverse. Because the parties are familiar with the factual and procedural history, we will not recount it here.

*829Although the district court had the authority to grant summary judgment without considering the merits, Brydges v. Lewis, 18 F.3d 651, 653 (9th Cir.1994) (per curiam) (“because Brydges was warned of the consequence of his failure to respond to the appellees’ summary judgment motion, the district court did not err by deeming his failure to respond a consent to…