Trustees of the Electrical Workers Health and Welfare Trust et al v. F.A.S.T. Systems, Inc. et al
Filing
57
ORDER granting 56 Motion to Dismiss. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this action, case number 2:12-cv-00148-JCM-CWH, be dismissed without prejudice. Signed by Judge James C. Mahan on 8/18/2014. (Copies have been distributed pursuant to the NEF - DKJ)
1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
***
7
8
TRUSTEES OF THE ELECTRICAL
WORKERS HEALTH AND WELFARE
TRUST, et al.,
9
ORDER
Plaintiff(s),
10
11
Case No. 2:12-CV-148 JCM (CWH)
v.
F.A.S.T. SYSTEMS, INC., et al.,
12
Defendant(s).
13
Presently before the court is a motion for voluntary dismissal without prejudice of claims
14
against F.A.S.T. Systems, Inc. (hereinafter “defendant”) by plaintiffs Trustees of the Electrical
15
Workers Health and Welfare Trust; Trustees of the Electrical Workers Pension Trust; and
16
Trustees of the Las Vegas Electrical Joint Apprenticeship and Training Trust Fund (hereinafter
17
“plaintiffs”). (Doc. # 56). Defendant did not file an opposition, and the time for opposition has
18
now expired.
19
I.
Background
20
Plaintiff filed a complaint against defendant on January 27, 2012. (Doc. # 1). Plaintiff
21
originally named two defendants, F.A.S.T. Systems, Inc. and Fidelity and Deposit Company of
22
Maryland (“Fidelity”). Fidelity was dismissed with prejudice pursuant to stipulation on October
23
8, 2013. (Doc. # 54). F.A.S.T. Systems, Inc. is the only remaining defendant.
24
Defendant filed an answer to the complaint on February 22, 2012. (Doc. # 6). After
25
various pretrial motions and orders, plaintiff filed the instant motion for a voluntary dismissal.
26
(Doc. # 56).
27
...
28
...
James C. Mahan
U.S. District Judge
1
II.
Legal Standards
2
A. Fed. R. Civ. P. 41(a)(2)
3
Federal Rule of Civil Procedure 41(a)(2) provides: “Except as provided in Rule 41(a)(1),
4
an action may be dismissed at the plaintiff’s request only by court order, on terms that the court
5
considers proper . . . . Unless the order states otherwise, a dismissal under this paragraph (2) is
6
without prejudice.” Fed. R. Civ. P. 41(a)(2).
7
B. Local Rule 7-2(d)
8
Local rule 7-2(d) provides that “[t]he failure of an opposing party to file points and
9
authorities in response to any motion shall constitute a consent to the granting of the motion.”
10
See United States v. Warren, 601 F.2d 471, 474 (9th Cir. 1979). However, prior to dismissal, the
11
district court is required to weigh several factors: “(1) the public's interest in expeditious
12
resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the
13
defendants; (4) the public policy favoring disposition of cases of their merits; and (5) the
14
availability of less drastic sanctions.” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (citing
15
Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)).
16
III.
Discussion
17
Pursuant to Fed. R. Civ. P. 41(a)(2), plaintiff seeks to dismiss the action without
18
prejudice. Defendant has not objected or otherwise responded even though the response date has
19
passed. The court finds that plaintiff has properly moved for dismissal under Fed. R. Civ. P.
20
41(a)(2), and defendant has consented to the granting of the motion pursuant to both Fed. R. Civ.
21
P. 41(a)(2) and local rule 7-2(d). Further, defendant has not asserted any counterclaims. Thus,
22
the court finds that there will be no prejudice to any remaining party in this matter if dismissal is
23
granted. In light of the defendant’s failure to respond and weighing the factors identified in
24
Ghazali, the court finds dismissal appropriate.
25
Accordingly,
26
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for
27
voluntary dismissal (doc. # 56) be, and the same hereby, is GRANTED.
28
...
James C. Mahan
U.S. District Judge
-2-
1
2
3
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this action, case
number 2:12-cv-00148-JCM-CWH, be dismissed without prejudice.
DATED August 18, 2014.
4
5
6
__________________________________________
UNITED STATES DISTRICT JUDGE
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
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?