MGM Grand Hotel, LLC v. Shin et al
Filing
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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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MGM Grand Hotel, LLC,
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2:16-cv-02347-JAD-NJK
Plaintiff
Order Granting Unopposed
Motion to Dismiss Punitive Damages Claim
in First Amended Complaint
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v.
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Kyung Shin aka Kyung S. Shin, et al.,
[ECF No. 45]
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Defendants
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MGM Grand Hotel, LLC brings this suit to recover its losses caused when defendant
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Kyung Shin used a fraudulently issued bank draft for gaming credit and other benefits. In its
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amended complaint against Shin and the issuing financial institutions Canadian Imperial Bank of
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Commerce and CIBC Securities, Inc. (collectively, “CIBC”), MGM prays for punitive damages
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against all defendants.1 CIBC moves to dismiss this punitive damages “claim”2 against it,
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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
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request for an extension.4 Local Rule 7-2(d) states that the “failure of an opposing party to file
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points and authorities in response to” a motion to dismiss “constitutes a consent to the granting
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of the motion.”5 I invoke LR 7-2(d) and deem MGM’s failure to oppose this motion to dismiss
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ECF No. 33.
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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).
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ECF No. 45.
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Any opposition was due by 2/19/17.
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Nev. L.R. 7-2(d).
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as consent to granting the motion; accordingly,
IT IS HEREBY ORDERED that CIBC’s Motion to Dismiss [ECF No. 45] is
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GRANTED; MGM’s prayer for punitive damages against CIBC and any allegations
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supporting that prayer are deemed stricken.
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DATED: February 22, 2017
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_______________________________
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Jennifer A. Dorsey
nifer Dorsey
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United States District Judge
ted States
tate
t Judge
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