J&J Sports Productions, Inc. v. Contreras et al
Filing
13
MEMORANDUM DECISION AND ORDER granting 5 Motion to Dismiss. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
J&J SPORTS PRODUCTIONS,
INC.,
Case No. 1:12-cv-00257-BLW
MEMORANDUM DECISION AND
ORDER
Plaintiff,
v.
ENRIQUE F. CONTRERAS and ANA
M. CONTRERAS aka ANA M. PAZ,
individually and as alto egos of assumed
business entity GIROS EL GALLO,
Defendants.
Before the Court is Ana M. Contreras’s Motion to Dismiss (Dkt. 5).
J&J Sports Productions, Inc. brought this action against Ana M. Contreras and her
husband, Enrique F. Contreras, alleging three claims: (1) a violation of the
Communications Act of 1934, 47 U.S.C. § 605 et seq.; (2) a violation of the Cable and
Television Consumer Protection and Competition Act of 1992, 47 U.S.C. § 553 et seq.;
and (3) a claim for conversion. J&J’s claims stem from a telecast boxing match that aired
in the restaurant Ana and Enrique manage. Ana maintains that she did not engage in any
of the allegedly wrongful conduct, and therefore J&J fails to state a claim against her.
J&J did not file a response opposing the Motion.
MEMORANDUM DECISION AND ORDER - 1
Under Local Rule 7(e)(1), “if an adverse party fails to timely file any response
documents required to be filed under this rule, such failure may be deemed to constitute a
consent to…the granting of said motion or other application.” As noted, J&J failed to
oppose Ana’s motion to dismiss by the deadline established in the Local Rules.
Accordingly, pursuant to Local Rule 7(e)(1), the Court finds good cause for granting the
defendants' unopposed motion to dismiss. Ghazali v. Moran, 46 F.3d 52, 53–54 (9th
Cir.1995) (per curiam) (affirming grant of an unopposed motion to dismiss under local
rule by deeming a pro se litigant's failure to oppose as consent to granting the motion);
Holt v. I.R.S., 231 Fed. Appx. 557, –––– 1 (9th Cir.2007) (same; and rejecting pro se
plaintiff's contention that the district court should have warned her of the consequences of
failing to file an opposition) .
ORDER
IT IS ORDERED that Ana M. Contreras’s Motion to Dismiss (Dkt. 5)
is GRANTED.
DATED: September 13, 2012
_________________________
B. Lynn Winmill
Chief Judge
United States District Court
MEMORANDUM DECISION AND ORDER - 2
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