Corley v. US Bancorp

Filing 19

ORDER granting 8 Motion to Dismiss. This case is dismissed. The Clerk of Court is instructed to VACATE the October 23, 2017, hearing and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 10/4/2017. (Copies have been distributed pursuant to the NEF - DC)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 2:17-cv-02241-JAD-NJK Dashawn Lamark Corley, 5 Plaintiff Order Granting Motion to Dismiss and Closing Case 6 v. 7 [ECF No. 8] U.S. Bancorp; Andrew Cecerre, 8 Defendants 9 On August 30, 2017, Defendants U.S. Bancorp and Andrew Cecere moved to dismiss all 10 11 claims under Federal Rule of Civil Procedure 12(b)(6).1 Corley requested, and was granted, an 12 extension of his deadline to oppose the motion to dismiss, which made his response due by 13 September 27, 2017.2 That deadline expired a week ago, and Corley has not responded to or sought 14 a second extension of time to oppose the motion to dismiss. Corley’s silence constitutes his consent to granting the motion under Local Rule 7-2(d), 15 16 which states that “[t]he failure of an opposing party to file points and authorities in response to any 17 motion . . . constitutes a consent to the granting of the motion.”3 Accordingly, and with good cause 18 appearing, I construe plaintiff’s failure to oppose the motion as his consent to granting it, and IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss [ECF No. 8] is 19 20 GRANTED. This case is dismissed. The Clerk of Court is instructed to VACATE the October 21 23, 2017, hearing and CLOSE THIS CASE. Dated October 4, 2017. 22 _________________________________ Jennifer A. Dorsey United States District Judge 23 24 25 1 ECF No. 8. 2 ECF No. 14. 3 L.R. 7-2(d). 26 27 28

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