Rizzi v. State Farm Mutual Automobile Insurance Company

Filing 47

ORDER Granting 44 Motion to Dismiss. The action is dismissed without prejudice. The Clerk of Court is kindly requested to close this case. Signed by Judge Gloria M. Navarro on 3/4/2025. (Copies have been distributed pursuant to the NEF - ALZ)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5
6
7
8

KEVIN RIZZI,
vs.

Case No.: 2:24-cv-00952-GMN-EJY

Plaintiff,

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,

ORDER GRANTING MOTION TO
DISMISS

Defendant.

9
10

Defendant State Farm filed a Motion to Dismiss, (ECF No. 44). The Court’s Klingele

11

Minute Order was filed on October 29, 2024, setting an Opposition deadline of 14 days, with a

12

Reply deadline 7 days after that. (Min. Order, ECF No. 45). Plaintiff has not filed an

13

Opposition to the Motion to Dismiss.

14

Prior to the Defendant’s Motion to Dismiss, Plaintiff had filed both a Notice of

15

Voluntary Dismissal requesting the dismissal of Defendant State Farm and the additional of

16

two new defendants, as well as a Motion for Judgment on the Pleadings. (Not. Voluntary

17

Dismissal, ECF No. 40); (Mot. J. Pleadings, ECF No. 42). The Court filed a Minute Order

18

noting that Plaintiff’s desired course of action was unclear and instructing Plaintiff to file a

19

Motion to Amend if he wished to add or change defendants. (Min. Order, ECF No. 43).

20

Plaintiff has not filed a Motion to Amend.

21

As of the date of this Order, Plaintiff has failed to respond to the Motion to Dismiss or

22

otherwise inform the Court of his intent to oppose. Pursuant to LR 7.2(d), “[t]he failure of an

23

opposing party to file points and authorities in response to any motion, except a motion under

24

Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the granting of the

25

motion.” Therefore, the Court grants the Motion to Dismiss as unopposed.
Page 1 of 2

1

Accordingly,

2

IT IS HEREBY ORDERED that the Motion to Dismiss, (ECF No. 44), is GRANTED.

3
4

The action is dismissed without prejudice.
The Clerk of Court is kindly requested to close this case.

5
6

4
DATED this _____
day of March, 2025.

7
8
9

___________________________________
Gloria M. Navarro, District Judge
UNITED STATES DISTRICT COURT

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Page 2 of 2