Opinion
2:10-CV-1994 JCM (PAL).
April 27, 2011
ORDER
Presently before the court is defendants R.K. Arnold's, Richard Etter's, Allan Griffith's and James Taylor's motion to dismiss for lack of jurisdiction. (Doc. #42). Also before the court is defendant Lynn Donner's motion to dismiss (doc. #45) and defendant Glenn Stearns' motion to dismiss (doc. #47). To date, the plaintiff has not filed a response to any of the three motions.
Pursuant to Local Rule 7-2(b), an opposing party's failure to file a timely response to any motion constitutes the party's consent to the granting of the motion and is proper grounds for dismissal. U.S. v. Warren, 601 F.2d 471, 474 (9th Cir. 1979). However, prior to dismissal, the district court is required to weigh several factors: "(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." Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
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 R.K. Arnold's, Richard Etter's, Allan Griffith's and James Taylor's motion to dismiss for lack of jurisdiction (doc. #42) is GRANTED;
IT IS FURTHER ORDERED that defendant Lynn Donner's motion to dismiss (doc. #45) is hereby GRANTED;
IT IS FURTHER ORDERED that defendant Glenn Stearns' motion to dismiss (doc. #47) is hereby GRANTED