Multibank 2009-1 RES-ADC Venture, LLC v. Aizenberg et al

Filing 68

ORDER Granting 61 Motion to Strike Jury Demand. Signed by Magistrate Judge George Foley, Jr. on 10/11/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RES-NV, LLC,

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Plaintiffs,
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vs.
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TOWNE VISTAS, LLC, et al.,
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Defendants. )
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Case No. 2:10-cv-1084-JCM-GWF
ORDER
Motion to Strike Jury Demand (#61)

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This matter comes before the Court on Plaintiff’s Motion to Strike Jury Demand (#61), filed on

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September 20, 2011, and Defendants Philip H. Davis and PHD Developments, LLC’s Non-Opposition

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to Plaintiff’s Motion to Strike Jury Demand (#64), filed on October 6, 2011. No other Defendant has

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filed a response to Plaintiff’s Motion and the time for doing so has now expired. Local Rule 7-2(d)

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states that “failure of an opposing party to file points and authorities in response to any motion shall

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constitute a consent to the granting of the motion.” Therefore, in light of Defendants Philip Davis and

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PHD Development’s non-opposition to the instant motion and the remaining Defendants’ failure to file

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a response, the Court grants Plaintiff’s request. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Strike Jury Demand (#61) is granted.

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DATED this 11th day of October, 2011.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge