Benmelech v. Eldorado Resorts Corporation et al

Filing 20

ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that 4 defendant's partial motion to dismiss be, and the same hereby is, GRANTED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that claims (3), (5), (7), (9), (10), and (11) of 1 plaintiff 's complaint be, and the same hereby are, DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that claim (6), as it pertains to NRS 608.018, of 1 plaintiff's complaint be, and the same hereby is, DISMISSED WITHOUT PREJUDICE. Signed by Judge James C. Mahan on 8/1/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHAIM BENMELECH,

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Plaintiff(s),

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Case No. 2:17-CV-1060 JCM (VCF)
ORDER

v.
ELDORADO RESORTS CORPORATION,
et al.,
Defendant(s).

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Presently before the court is defendant Eldorado Resorts Corporation’s partial motion to

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dismiss. (ECF No. 4). Plaintiff Chaim Benmelech has not filed a response, and the deadline to do
so has since passed.
Pursuant to Local Rule 7-2(d), “the failure of an opposing party to file points and authorities

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in response to any motion . . . constitutes a consent to the granting of the motion.” LR 7-2(d).
Thus, by failing to file a timely response, plaintiff has consented to the granting of defendant’s
partial motion to dismiss. See United States v. Hvass, 355 U.S. 570, 574–75 (1958) (holding that
local rules have the force of law).
Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendant’s partial motion

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to dismiss (ECF No. 4) be, and the same hereby is, GRANTED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that claims (3), (5), (7), (9), (10), and (11) of plaintiff’s

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James C. Mahan
U.S. District Judge

complaint (ECF No. 1) be, and the same hereby are, DISMISSED WITHOUT PREJUDICE.
...
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IT IS FURTHER ORDERED that claim (6), as it pertains to NRS 608.018, of plaintiff’s
complaint (ECF No. 1) be, and the same hereby is, DISMISSED WITHOUT PREJUDICE.
DATED August 1, 2017.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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