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Perea v. Mortgage Investors Group

United States District Court, D. Nevada
Sep 8, 2010
Case No. 2:10-cv-1080-RLH-LRL (D. Nev. Sep. 8, 2010)

Opinion

Case No. 2:10-cv-1080-RLH-LRL.

September 8, 2010


ORDER (Motion to Dismiss-#5)


Before the Court is Defendants BAC Home Loans Servicing, LP and ReconTrust Company, N.A. ("BAC Defendants")'s Motion to Dismiss (#5, filed July 8, 2010). No opposition has been filed. The moving Defendants have filed a Request for Entry of Order dismissing Case Due to Plaintiff's Non-Opposition (#12, filed August 25, 2010).

Local Rule 7-2(d) provides that failure to file points and authorities in opposition to a motion constitutes a consent that the motion be granted. Abbott v. United Venture Capitol, Inc. 718 F.Supp. 828, 831 (D. Nev. 1989). It has been said these local rules, no less than the federal rules or acts of Congress, have the force of law. United States v. Hvass, 355 U.S. 570, 574-575 (1958); Weil v. Neary, 278 U.S. 160, 169 (1929); Marshall v. Gates, 44 F.3d 722, 723 (9th Cir. 1995). The United States Supreme Court itself has upheld the dismissal of a matter for failure to respond under the local court rules. Black Unity League of Kentucky v. Miller, 394 U.S. 100, 89 S. Ct. 766 (1969).

Moreover, the Motion has merit. Accordingly, the Motion will be granted on the merits, as stated in the Motion, and on the grounds of Plaintiff's failure to file any opposition.

IT IS THEREFORE ORDERED that Defendants BAC Home Loans Servicing, LP and ReconTrust Company, N.A. ("BAC Defendants")'s Motion to Dismiss (#5) is GRANTED, and the case is dismissed against those Defendants.

Dated: September 8, 2010.


Summaries of

Perea v. Mortgage Investors Group

United States District Court, D. Nevada
Sep 8, 2010
Case No. 2:10-cv-1080-RLH-LRL (D. Nev. Sep. 8, 2010)
Case details for

Perea v. Mortgage Investors Group

Case Details

Full title:MARCELINO PEREA, Plaintiff(s), v. MORTGAGE INVESTORS GROUP, et al.…

Court:United States District Court, D. Nevada

Date published: Sep 8, 2010

Citations

Case No. 2:10-cv-1080-RLH-LRL (D. Nev. Sep. 8, 2010)