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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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 8 FEDERAL NATIONAL MORTGAGE ASSOCIATION, ORDER Plaintiff(s), 9 10 11 Case No. 2:16-CV-203 JCM (CWH) v. CANYON WILLOW OWNERS ASSOCIATION, et al., 12 Defendant(s). 13 14 15 16 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 17 18 2013, sale of the real property at 3085 Casey Drive #201, Las Vegas, Nevada. (ECF No. 1). Plaintiff did not file a response. 19 The local rules have the force of law. See United States v. Hvass, 355 U.S. 570, 574–575 20 (1958). Under Local Rule 7-2(d), “[t]he failure of an opposing party to file points and authorities 21 in response to any motion . . . constitutes a consent to the granting of the motion.” 22 This court is cognizant that the joint proposed discovery plan and scheduling order indicate 23 that seemingly productive settlement discussions have broken down and that the parties discussed 24 25 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 26 27 28 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). 1 Accordingly, 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Federal 3 National Mortgage Association shall, within fourteen (14) days of the date of this order, show 4 cause why Canyon Willow Owners Association’s motion to dismiss (ECF No. 13) should not be 5 6 7 granted. DATED December 28, 2016. __________________________________________ UNITED STATES DISTRICT JUDGE 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 -2-

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