Cabansag v. Geico Casualty Company
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Order Granting Motion to Dismiss
(ECF Nos. 5, 6)
Geico Casualty Co.,
Geico Casualty Company moves to dismiss (or alternatively to sever, bifurcate, and stay)
plaintiff German Cabansag’s bad-faith claim against it.1 Cabansag’s deadline to oppose this motion
was September 22, 2017. That deadline passed a month ago, and Cabansag has not filed an
opposition nor moved to extend his deadline to do so.2 Local Rule 7-2(d) states that “The failure of
an opposing party to file points and authorities in response to any motion . . . constitutes a consent to
the granting of the motion.” I apply the local rule and deem Cabansag’s failure to oppose these
motions as his consent to granting them.
Accordingly, IT IS HEREBY ORDERED that Geico’s Motion to Dismiss [ECF No. 5] is
GRANTED, and its alternative Motion to Sever, Bifurcate, and Stay [ECF No. 6] 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.
DATED: October 23, 2017
_ _ _ _ _
Jennifer A. Dorsey
United States District Judge
ECF Nos. 5, 6.
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.
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