MGM Grand Hotel, LLC v. Shin et al

Filing 52

ORDER granting 45 CIBC's Motion to Dismiss. MGM's prayer for punitive damages against CIBC and any allegations supporting that prayer are deemed stricken. Signed by Judge Jennifer A. Dorsey on 2/22/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 MGM Grand Hotel, LLC, 5 2:16-cv-02347-JAD-NJK Plaintiff Order Granting Unopposed Motion to Dismiss Punitive Damages Claim in First Amended Complaint 6 v. 7 Kyung Shin aka Kyung S. Shin, et al., [ECF No. 45] 8 Defendants 9 10 MGM Grand Hotel, LLC brings this suit to recover its losses caused when defendant 11 Kyung Shin used a fraudulently issued bank draft for gaming credit and other benefits. In its 12 amended complaint against Shin and the issuing financial institutions Canadian Imperial Bank of 13 Commerce and CIBC Securities, Inc. (collectively, “CIBC”), MGM prays for punitive damages 14 against all defendants.1 CIBC moves to dismiss this punitive damages “claim”2 against it, 15 arguing that the amended complaint lacks facts to support such an award.3 MGM has not opposed the motion, and the deadline for response passed without any 16 17 request for an extension.4 Local Rule 7-2(d) states that the “failure of an opposing party to file 18 points and authorities in response to” a motion to dismiss “constitutes a consent to the granting 19 of the motion.”5 I invoke LR 7-2(d) and deem MGM’s failure to oppose this motion to dismiss 20 21 1 ECF No. 33. 22 2 23 24 25 Punitive damages are a remedy, not an independent claim for relief, and MGM has not pled its request for punitive damages as an independent cause of action. See ECF No. 33. Accordingly, I treat this motion to dismiss the “claim” for punitive damages as a request to strike the unsupported prayer for punitive damages under FRCP 12(f). 3 ECF No. 45. 4 Any opposition was due by 2/19/17. 5 Nev. L.R. 7-2(d). 26 27 28 1 2 as consent to granting the motion; accordingly, IT IS HEREBY ORDERED that CIBC’s Motion to Dismiss [ECF No. 45] is 3 GRANTED; MGM’s prayer for punitive damages against CIBC and any allegations 4 supporting that prayer are deemed stricken. 5 DATED: February 22, 2017 6 _______________________________ ____________________ _ _ _ __ _ __ Jennifer A. Dorsey nifer Dorsey e United States District Judge ted States tate t Judge ud 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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