Cabansag v. Geico Casualty Company

Filing 10

ORDER that 5 Motion to Dismiss Bad-Faith Claim is GRANTED, and 6 Motion to Sever, Bifurcate, and Stay is DENIED as moot. Cabansag's claim for bad faith is DISMISSED, and the 11/6/17 hearing on these motions is VACATED as moot. Signed by Judge Jennifer A. Dorsey on 10/23/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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German Cabansag,

2:17-cv-02306-JAD-GWF

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Plaintiff
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Order Granting Motion to Dismiss
Bad-Faith Claim

vs.
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(ECF Nos. 5, 6)
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Geico Casualty Co.,
Defendant

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Geico Casualty Company moves to dismiss (or alternatively to sever, bifurcate, and stay)

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plaintiff German Cabansag’s bad-faith claim against it.1 Cabansag’s deadline to oppose this motion

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was September 22, 2017. That deadline passed a month ago, and Cabansag has not filed an

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opposition nor moved to extend his deadline to do so.2 Local Rule 7-2(d) states that “The failure of

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an opposing party to file points and authorities in response to any motion . . . constitutes a consent to

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the granting of the motion.” I apply the local rule and deem Cabansag’s failure to oppose these

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motions as his consent to granting them.

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Accordingly, IT IS HEREBY ORDERED that Geico’s Motion to Dismiss [ECF No. 5] is

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GRANTED, and its alternative Motion to Sever, Bifurcate, and Stay [ECF No. 6] is DENIED as

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moot. Cabansag’s claim for bad faith is DISMISSED, and the 11/6/17 hearing on these

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motions is VACATED as moot.

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DATED: October 23, 2017

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___________________________________
________________
_ _ _ _ _
Jennifer A. Dorsey
Dorsey
rse
United States District Judge
s
Judge
g

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ECF Nos. 5, 6.

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Curiously, however, the parties’ October 5, 2017, joint status report states that “Plaintiff
will file a Response to these Motions.” ECF No. 9 at 2.