Opinion
Case No. 2:12-cv-00453-KJD-NJK
04-23-2013
BRANCH BANKING AND TRUST COMPANY, Plaintiff, v. SMOKE RANCH DEVELOPMENT, LLC, et al., Defendants.
ORDER
This matter is before the Court on the Defendants' Motion to Extend Deadline to Amend Answer and for Leave to File Amended Answer (#47) filed on January 10, 2013.
On January 14, 2013, the Court Ordered that any response to the Defendants' Motion (#47) must be filed no later than January 21, 2013. Minute Order (#49). On January 28, 2013, the Defendants filed a Notice of Non-Opposition indicating that the Plaintiffs did not respond by the Court-Ordered deadline. Notice (#58). To date, the Plaintiffs still have not responded to the Defendants' Motion (#47).
Local Rule 7-2(d) provides that the "failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion." Here, the Plaintiffs have not filed a response. Accordingly, their lack of response constitutes consent to the granting of the motion.
Based on the foregoing and good cause appearing therefore,
IT IS HEREBY ORDERED that the Defendants' Motion to Extend Deadline to Amend Answer and for Leave to File Amended Answer (#47) is GRANTED;
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NANCY J. KOPPE
United States Magi str ate Judge