Opinion
2:22-cv-01183-CDS-DJA
08-24-2022
Hilda Santos Caballero, Plaintiff, v. Sam's West Inc., dba Sam's Club, et al., Defendants.
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND (ECF NO. 5)
Cristina D. Silva, United States District Judge.
Plaintiff Hilda Santos Caballero brought this action, related to a slip and fall incident at a Las Vegas area Sam's Club, in the Eighth Judicial District Court, Clark County, Nevada. See ECF No. 1-4. Defendant Sam's West, Inc. removed this case to this court, on the basis of diversity jurisdiction, pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. ECF No. 1.
Plaintiff filed a motion to remand (ECF No. 5) on August 8, 2022. Any opposition to the motion was due on August 22, 2022. See ECF No.; see also LR 7-2(b) (the deadline to file and serve any points and authorities in response a motion is 14 days after service of the motion.). Local Rule 7-2(d) provides that failure of an opposing party to file points and authorities in response to any motion, except a motion under Fed.R.Civ.P. 56 or a motion for attorney's fees, constitutes a consent to the granting of the motion. Defendant failed to file an opposition to the motion to remand.
Accordingly, IT IS HEREBY ORDERED that:
• Plaintiff's Motion to Remand [ECF No. 5] is GRANTED.
• The Clerk of Court is directed to REMAND this case back to the Eighth Judicial District Court, Department 29, Case No. A-22-846184-C and CLOSE THIS CASE.