Libres v. Bank Of America et al
Filing
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ORDER Granting 21 Defendant Laywers Title of Nevada, Inc's Motion for Judgment. The case is dismissed without prejudice as to Defendant Laywers Title of Nevada, Inc's. Signed by Judge James C. Mahan on 9/6/11. (Copies have been distributed pursuant to the NEF - EDS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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EDUARDO D. LIBRES, an individual,
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2:11-CV-115 JCM (LRL)
Plaintiff,
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v.
BANK OF AMERICA et al.,
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Defendants.
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ORDER
Presently before the court is defendant Lawyers Title of Nevada, Inc.’s motion for judgment
on the pleadings. (Doc. #21). To date, the plaintiff has failed to respond.
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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; (4)
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the public policy favoring disposition of cases of their merits; and (5) the availability of less drastic
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sanctions.”Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (citing Henderson v. Duncan, 779 F.2d
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1421, 1423 (9th Cir. 1986)).
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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 for
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judgment on the pleadings (doc. #21) be, and the same hereby is, GRANTED. The case is hereby
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dismissed without prejudice as to defendant Lawyers Title of Nevada, Inc.
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DATED September 6, 2011.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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