Guerrero v. Wharton

Filing 38

ORDER. IT IS HEREBY ORDERED that 17 Defendant's Motion to Dismiss is DENIED as moot. Signed by Chief Judge Gloria M. Navarro on 4/13/17. (Copies have been distributed pursuant to the NEF - MR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 KELLY GUERRERO, 4 Plaintiff, 5 vs. 6 VINCENT NEIL WHARTON, 7 Defendant. 8 9 ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:16-cv-01667-GMN-NJK ORDER 10 Pending before the Court is the Motion to Dismiss, (ECF No. 17), filed by Defendant 11 12 Vincent Neil Wharton (“Defendant”). For the reasons discussed below, the Court DENIES as 13 moot Defendant’s Motion to Dismiss. 14 I. BACKGROUND Plaintiff Kelly Guerrero (“Plaintiff”) originally filed this lawsuit on July 14, 2016. 15 16 (Compl., ECF No. 1). On October 25, 2016, Defendant filed a Motion to Dismiss Plaintiff’s 17 third cause of action for attorney’s fees. (ECF No. 17). Plaintiff did not file a response, and the 18 deadline to do so has passed. Instead, Plaintiff filed an Amended Complaint, (ECF No. 18), 19 removing as a cause of action the claim for attorney’s fees. 20 21 II. DISCUSSION Local Rule 7-2(d) provides that “[t]he failure of an opposing party to file points and 22 authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for 23 attorney’s fees, constitutes a consent to the granting of the motion.” D. Nev. R. 7-2(d). 24 Although Plaintiff failed to respond to the Motion to Dismiss, Plaintiff filed her Amended 25 Complaint and removed the cause of action that Defendant sought to dismiss. As such, Page 1 of 2 1 Plaintiff’s Amended Complaint consents to Defendant’s Motion to Dismiss, thereby rendering 2 the Motion moot. 3 III. 4 5 CONCLUSION IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss, (ECF No. 17), is DENIED as moot. 6 7 13 DATED this _____ day of April, 2017. 8 9 10 ___________________________________ Gloria M. Navarro, Chief Judge United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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