Righthaven LLC v. No Quarter et al

Filing 40

ORDER that defendants motion to set aside default 16 is GRANTED. Defendants motion to dismiss 18 is GRANTED without prejudice. Signed by Judge James C. Mahan on 5/17/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RIGHTHAVEN LLC,

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2:10-CV-1022 JCM (GWF)

Plaintiff,
v.
NO QUARTER, et al.,

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Defendants.

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ORDER

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Presently before the court is defendant’s motion to set aside default for failure to properly

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execute service (doc. #16) and motion to dismiss (doc. #18). This court granted the parties’

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stipulation extending plaintiff’s time to respond to each motion to April 29, 2011. (Doc. #37). To

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date, plaintiff has failed to respond to either motion.

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Pursuant to Local Rule 7-2(b), an opposing party’s failure to file a timely response to any

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motion constitutes the party’s consent to the granting of the motion and is proper grounds for

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dismissal. U.S. v. Warren, 601 F.2d 471, 474 (9th Cir. 1979). However, prior to dismissal, the

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district court is required to weigh several factors: “(1) the public’s interest in expeditious resolution

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of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants;

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(4) the public policy favoring disposition of cases of their merits; and (5) the availability of less

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drastic sanctions.” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

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James C. Mahan
U.S. District Judge

In light of the plaintiff’s failure to respond and weighing the factors identified in Ghazali,
the court finds dismissal appropriate.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion to set

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aside default (doc. #16) is GRANTED;
IT IS FURTHER ORDERED that defendant’s motion to dismiss (doc. #18) is hereby

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GRANTED without prejudice.

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DATED May 17, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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