Opinion
CV 24-9504-DMG (SSCx)
12-11-2024
Alexsei Durack et al v. Dermot Givens
Present: The Honorable DOLLY M. GEE, CHIEF UNITED STATES DISTRICT JUDGE
CIVIL MINUTES-GENERAL
Proceedings: IN CHAMBERS- ORDER GRANTING PLAINTIFF'S MOTION TO REMAND [6]
On November 20, 2024, Plaintiffs Alexsei Durack and Colin Fulford filed a motion to remand (“MTR”) this action to the Los Angeles County Superior Court, [Doc. # 6] after Defendant Dermot Givens removed the action to this Court on November 4, 2024, [Doc. # 1]. The matter is currently set for hearing on December 20, 2024. See MTR. Defendant's opposition was due no later than December 2, 2024. See C.D. Cal. L.R. 7-9 (opposition papers due at least 21 days before the date of the motion hearing). No opposition has been filed, and the time to do so has now passed.
Defendant's opposition would ordinarily have been due by November 29, 2024, but that date was a Court holiday. See Fed.R.Civ.P. 6(a)(1).
The MTR is therefore GRANTED for failure to oppose. See Oakley, Inc. v. Nike, Inc., 988 F.Supp.2d 1130, 1139 (C.D. Cal. 2013) (citing L.R. 7-12) (“[T]he Local Rules permit the Court [to] deem failure to oppose as consent to the granting of the motion.”). The Court hereby REMANDS this action to the Los Angeles County Superior Court. The December 20, 2024 hearing is VACATED.
IT IS SO ORDERED.