Aboulafia v. Mortgage Electronic Registration Systems, Inc. et al

Filing 13

ORDER Granting 10 Motion to Dismiss. Signed by Judge James C. Mahan on 8/2/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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STEVEN ABOULAFIA,

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2:12-CV-389 JCM (PAL)

Plaintiff,
v.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., et
al.,
Defendants.

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ORDER

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Presently before the court is defendants Mortgage Electronic Registration Systems, Inc., et.

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al.’s motion to dismiss. (Doc. #10). Plaintiff Steven Aboulafia failed to file an opposition. On July

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26, 2012, defendants filed a notice of non-opposition. (Doc. #11).

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The property at issue in this case is located at 200 Kola Street, Henderson, Nevada. (Doc.

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#1, Ex. A). On October 22, 2004, Countrywide loaned plaintiff $210,000, and secured the note with

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a deed of trust on the subject property. (Docs. #1, Ex. A, and #10, Ex. 1). Plaintiff defaulted on the

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loan on or about December 8, 2010. (Doc. #10, Ex. 3). To date, a trustee’s sale has not occurred.

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Pursuant to Nevada Local Rule 7-2(d), “the failure of an opposing party to file points and

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authorities in response to any motion shall constitute a consent to the granting of the motion.”

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However, the court will not automatically grant every unopposed motion. In Ghazali v. Moran, 46

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F.3d 52, 53 (9th Cir. 1995), the Ninth Circuit held that the court had to weigh the following factors

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James C. Mahan
U.S. District Judge

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before dismissing the action: (1) the public’s interest in expeditious resolution of litigation; (2) the

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court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy

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favoring disposition of cases of their merits; and (5) the availability of less drastic sanctions.

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Plaintiff failed to oppose the motion to dismiss, and the court further finds that the Ghazali
factors weigh in favor of dismissing the action. Ghazali, 46 F.3d at 53; see also LR 7-2(d).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants Mortgage

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Electronic Registration Systems, Inc., et. al.’s motion to dismiss (doc. #10) be, and the same hereby

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is, GRANTED.

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DATED August 2, 2012.

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

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