Federal National Mortgage Association v. Canyon Willow Owners Association, et al.

Filing 24

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Federal National Mortgage Association shall, within fourteen (14) days of the date of this order, show cause why 13 Canyon Willow Owners Association's motion to dismiss should not be granted. Signed by Judge James C. Mahan on 12/28/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

ORDER
Plaintiff(s),

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Case No. 2:16-CV-203 JCM (CWH)

v.
CANYON WILLOW OWNERS
ASSOCIATION, et al.,

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Defendant(s).

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Presently before the court is defendant Canyon Willow Owners Association’s motion to
dismiss plaintiff Federal National Mortgage Association’s complaint pursuant to Federal Rule of
Civil Procedure 12(b)(6). (ECF No. 13). Defendant filed this motion on March 21, 2016. (Id.).
Against this defendant, plaintiff alleges wrongful foreclosure in connection with the February

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2013, sale of the real property at 3085 Casey Drive #201, Las Vegas, Nevada. (ECF No. 1).
Plaintiff did not file a response.

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The local rules have the force of law. See United States v. Hvass, 355 U.S. 570, 574–575

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(1958). Under Local Rule 7-2(d), “[t]he failure of an opposing party to file points and authorities

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in response to any motion . . . constitutes a consent to the granting of the motion.”

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This court is cognizant that the joint proposed discovery plan and scheduling order indicate

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that seemingly productive settlement discussions have broken down and that the parties discussed

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stipulating that the case should be stayed. (ECF No. 23). However, the parties submitted no such
stipulation. See (id.). Next, Magistrate Judge Hoffman signed that scheduling order on October
24, 2016—long after defendant filed the present motion. (ECF Nos. 13, 23). Furthermore, about

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James C. Mahan
U.S. District Judge

two months have elapsed since that order, but plaintiff still has not addressed the motion to dismiss.
See (ECF No. 23).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Federal

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National Mortgage Association shall, within fourteen (14) days of the date of this order, show

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cause why Canyon Willow Owners Association’s motion to dismiss (ECF No. 13) should not be

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granted.
DATED December 28, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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