Moran Home LLC v. Lewers

Filing 9

ORDER that 3 Motion to Remand to State Court is GRANTED and this case is hereby remanded to the Justice Court for Clark County. The Clerk of the Court shall remand this case back to state court and thereafter close this Court's case. IT IS FURTHER ORDERED that 6 Motion to Extend Time is DENIED as moot. Signed by Chief Judge Gloria M. Navarro on 1/13/15. (Copies have been distributed pursuant to the NEF - cc: Certified Copy of Order and Docket Sheet sent to state court TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MORAN HOMES LLC,

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Plaintiff,

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vs.

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KEITH LEWERS,
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Defendant.

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Case No.: 2:14-cv-02050-GMN-CWH
ORDER

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Pending before the Court is the Motion to Remand (ECF No. 3) filed by Plaintiff Moran

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Homes LLC. Responses were due January 1, 2015, and no response or opposition has been filed.

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Local Rule 7–2(d) provides that failure to file points and authorities in opposition to a motion

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constitutes a consent that the motion be granted. Abbott v. United Venture Capitol, Inc., 718

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F.Supp. 828, 831 (D. Nev. 1989). It has been said these local rules, no less than the federal rules or

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acts of Congress, have the force of law. United States v. Hvass, 355 U.S. 570, 574–575 (1958);

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Marshall v. Gates, 44 F.3d 722, 723 (9th Cir. 1995). Accordingly, Defendant Keith Lewers has

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consented to the Motion.
IT IS HEREBY ORDERED that Plaintiff Moran Homes LLC’s Motion to Remand (ECF

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No. 3) is GRANTED and this case is hereby remanded to the Justice Court for Clark County. The

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Clerk of the Court shall remand this case back to state court and thereafter close this Court's case.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Shorten Time is DENIED as

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moot.
DATED this 13th day of January, 2015.

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Gloria M. Navarro, Chief Judge
United States District Judge