Dace et al v. TD Bank/Target

Filing 19

ORDERED that Defendant's Second Motion to Dismiss, (ECF No. 15 ), is GRANTED and this case is DISMISSED with prejudice. The Clerk of Court is kindly requested to close this case and mail a copy of this Order to Plaintiffs at: Philip and Luba Dace7320 S. Rainbow Blvd. Ste 102 #184 Las Vegas, Nevada 89139.(Mailed 11/26/2024)The Clerk of Court is also kindly directed to email this Order to the following email addresses: [e-mail] and [e-mail]. (Ad hoc emails on 11/26/2024.) Signed by Judge Gloria M. Navarro on 11/25/2024. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DACE, et al.,

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vs.

Case No.: 2:23-cv-01806-GMN-DJA

Plaintiffs,

ORDER

TD BANK/TARGET,
Defendant.

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Pending before the Court is the Second Motion to Dismiss (ECF No. 15), filed by TD

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Bank/Target (“Defendant”). Magistrate Judge Albregts filed a Report and Recommendation

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(“R&R”) (ECF No. 13) which recommended GRANTING Defendant’s First Motion to

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Dismiss, (ECF No. 6), and dismissing Plaintiffs’ Complaint, (ECF No. 1), without prejudice

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and with leave to amend. Plaintiffs failed to object to the R&R by the objection deadline of

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April 24, 2024. On April 26, 2024, this Court adopted the R&R and gave Plaintiffs 21 days to

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file an amended complaint. (See April 26, 2024, Order, ECF No. 14). Plaintiffs did not file an

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amended complaint by the deadline. On August 21, 2024, Defendant filed the pending Motion

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requesting the case be dismissed with prejudice for Plaintiffs’ failure to file an amended

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complaint. Plaintiffs did not file a response to the pending Motion and Defendant filed a

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Notice of Non-Opposition, (ECF No. 17), drawing the Court’s attention to Plaintiff’s failure to

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respond.

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On October 24, 2024, the Court deferred ruling on the Second Motion to Dismiss and

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gave Plaintiffs until November 11, 2024, to file a response because the Court was uncertain

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whether Plaintiffs had received the filings in this matter. 1 A copy of the October 24, 2024,

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It appears that the filings in this matter were being sent to Plaintiffs at the address listed on the docket: 6255
West Arby Avenue #184, Las Vegas, NV 89118. However, Plaintiff listed a different address in their Answer to

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Order, (ECF No. 18), along with ECF Nos. 13–16 were both mailed and emailed to Plaintiffs at

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the mailing address and email addresses listed in their Answer to Defendant’s First Motion to

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Dismiss, (ECF No. 11). As of the date of this Order, Plaintiffs have failed to respond or file an

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amended complaint.

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“On its own, Plaintiff’s failure to file points and authorities in opposition to a motion

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constitutes consent that the motion be granted.” Gonzalez v. Bank of America, N.A., No. 2:13-

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cv-00460, 2013 WL 3877708, at *2 (D. Nev. July 24, 2013) (citing Local Rule 7-2(d)).

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Moreover, the Court cautioned Plaintiffs that failure to file an amended complaint would result

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in their case being dismissed with prejudice. (April 26, 2024, Order 2:6–9). As explained

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above, no response or amended complaint was filed, and the deadline to do so has passed.
IT IS HEREBY ORDERED that Defendant’s Second Motion to Dismiss, (ECF No.

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15), is GRANTED and this case is DISMISSED with prejudice.

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The Clerk of Court is kindly requested to close this case and mail a copy of this Order to
Plaintiffs at:

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Philip and Luba Dace

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7320 S. Rainbow Blvd. Ste 102 #184

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Las Vegas, Nevada 89139

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Defendant’s First Motion to Dismiss (ECF No. 11): 7320 S. Rainbow Blvd. Ste 102 #184, Las Vegas, NV
89139. Plaintiffs also listed email addresses in their Answer: [e-mail] and
[e-mail].

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The Clerk of Court is also kindly directed to email this Order to the following email
addresses: [e-mail] and [e-mail].

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Dated this ____
25 day of November, 2024.

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___________________________________
Gloria M. Navarro, District Judge
United States District Court

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