Mihai v. Henderson et al

Filing 26

ORDER Granting 22 Defendants' Motion to Dismiss Negligent Entrustment Claim. Signed by Judge Kent J. Dawson on 5/13/11. (Copies have been distributed pursuant to the NEF - EDS)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 LUCIAN MIHAI, 5 Plaintiff, 6 v. 7 Case No. 2:10-CV-01335-KJD-GWF NORMAN GIBBS HENDERSON, et al., 8 ORDER Defendants. 9 10 Currently pending before the Court is Defendants’ Motion to Dismiss Plaintiff’s Negligent 11 Entrustment Claim (#22), filed March 16, 2011. Defendants filed a Notice of Non-Opposition (#24) 12 on May 10, 2011. To date, no response has been filed as provided in Local Rule 7-2. Local Rule 7- 13 2(d) allows the Court to consider failure to file points and authorities in opposition as consent to the 14 granting of the motion. 15 Additionally, the Court has reviewed Defendants’ Motion, and finds it to have merit. 16 Defendants seek that the Court dismiss Plaintiff’s negligent entrustment claim, because Defendants 17 have admitted that Mr. Henderson was in the course and scope of his employment. 18 19 20 Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss Plaintiff’s Negligent Entrustment Claim (#22) is GRANTED pursuant to Local Rule 7-2(d). DATED this 13th day of May 2011. 21 22 23 24 25 26 ____________________________________ Kent J. Dawson United States District Judge

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