Opinion
2:11-CV-1459 JCM (GWF).
October 19, 2011
ORDER
Presently before the court is defendants BAC Home Loan Servicing, LP, et. al.'s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. #2). Defendants filed their motion on September 9, 2011. Plaintiffs James and Dorthy Domingo were required to respond by September 26, 2011. (Doc. #2). Plaintiffs have failed to file a response.
Pursuant to Nevada Local Rule 7-2(d), "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." See also U.S. v. Warren, 601 F.2d 471, 474 (9th Cir. 1979). However, the court will not automatically grant every unopposed motion. In Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995), the Ninth Circuit held that the court had to weigh the following factors before dismissing the action: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases of their merits; and (5) the availability of less drastic sanctions.
In light of the plaintiff's failure to respond and weighing the factors identified in Ghazali, the court finds dismissal appropriate.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants' motion to dismiss (doc. #2) be, and the same hereby is, GRANTED.