Gukasyan v. GMAC Mortgagee, LLC, et al.

Filing 25

ORDER Granting 21 Defenadnt Mortgage Electronic Registration System, Inc.'s Motion to Dismiss. Signed by Judge James C. Mahan on 9/15/10. (Copies have been distributed pursuant to the NEF - EDS)

Gukasyan v. GMAC Mortgagee, LLC, et al.

Doc. 25

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
James C. Mahan U.S. District Judge

KHANUM GUKASYAN, Plaintiff, v. GMAC MORTGAGE, LLC, et al., Defendants.

2:10-CV-674 JCM (RJJ)

ORDER Presently before this court is defendant Mortgage Electronic Registration System, Inc.'s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. #21). On July 20, 2010, the court clerk issued an order (doc. #22) notifying the plaintiff that her response was due within fourteen days. 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. Failure to follow a district court's local rule is proper grounds for dismissal. U.S. v. Warren, 601 F.2d 471, 474 (9th Cir. 1979). However, prior to dismissing the action, 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) (citing Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)). A review of the file indicates that as of September 3, 2010, the plaintiff has failed to respond to defendants' motion to dismiss. Weighing the factors identified in Ghazali, the court

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finds dismissal appropriate. Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this action is dismissed as to defendant Mortgage Electronic Registration System, Inc. for failure of the plaintiff to file a timely response pursuant to Local Rule 7-2(b) and defendant Mortgage Electronic Registration System, Inc.'s motion to dismiss (doc. #21) is GRANTED. DATED September 15, 2010.

UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
James C. Mahan U.S. District Judge

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