Jacque Ojadidi v. Allstate Property and Casualty Insurance Company et al

Filing 54

ORDER. IT IS HEREBY ORDERED that 43 Defendant's Motion to Dismiss is GRANTED. Ojadidi's claims are dismissed, and the Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 2/8/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Jacque Ojadidi, 5 2:16-cv-02609-JAD-PAL 2:16-cv-02833-JAD-GWF Plaintiff Order Granting Motion to Dismiss 6 v. 7 Allstate Property and Casualty Insurance Company, ECF No. 43 8 Defendant 9 10 Plaintiff Jacque Ojadidi brought this action against his homeowners’ insurance carrier 11 12 Allstate Property and Casualty Insurance Company after Allstate denied his claim arising from a 13 February 2015 burglary of what he alleged was nearly $150,000 in vintage jewelry. Allstate 14 moves to dismiss all 13 of his claims, which range from breach of contract to intentional 15 infliction of emotional distress, racketeering, and extortion.1 Ojadidi has not opposed the motion 16 to dismiss, his deadline to do so expired more than two weeks ago, and he has not sought an 17 extension of that deadline. Local Rule 7-2(d) states that “The failure of an opposing party to file points and 18 19 authorities in response to any motion,” except one for summary judgment or attorneys’ fees, 20 “constitutes a consent to the granting of the motion.”2 Ojadidi’s failure to oppose Allstate’s 21 motion to dismiss constitutes his consent to the granting of this motion to dismiss, and I grant the 22 motion in its entirety on this basis. 23 ... 24 25 1 26 2 27 28 ECF No. 43. I find this motion suitable for disposition without oral argument. Nev. L.R. 78-1. Nev. L.R. 7-2(d). Pro se plaintiff Ojadidi was timely provided with the notice required under Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en banc), Wyatt v. Terhune, 315 F.3d 1108 (9th Cir. 2003), and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988). ECF No. 44. 1 Accordingly, IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss [ECF No. 2 43] is GRANTED. Ojadidi’s claims are dismissed, and the Clerk of Court is directed to CLOSE 3 THIS CASE. 4 DATED: February 8, 2017 5 _______________________________ ________________ _ __ _ __ _ __ Jennifer A. Dorsey r A. Dorsey o United States District Judge St t Di t i t J d 6 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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