Mesi et al v. WASHINGTON MUTUAL F.A. et al

Filing 69

ORDER. IT IS ORDERED that defendants Geneva Martinjus', Meshelle Baggerman's, and Danita F. Fallen's Motion to Dismiss 48 is GRANTED. Signed by Judge James C. Mahan on 09/29/2010. (Copies have been distributed pursuant to the NEF - MLC)

Mesi et al v. WASHINGTON MUTUAL F.A. et al

Doc. 69

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
James C. Mahan U.S. District Judge

FRED MESI and ERIC MESI, Plaintiff, v. WASHINGTON MUTUAL F.A., et al., Defendants.

3:09-CV-582 JCM (VPC)

ORDER Presently before the court is defendants Geneva Martinjus', Meshelle Baggerman's and Danita F. Fallen's motion to dismiss. (Doc. #48). On May 10, 2010, the court clerk notified the plaintiffs that a response was due by May 27, 2010. Pursuant to Local Rule 7-2(b), an opposing party's failure to file a timely response to any motion constitutes the party's consent to the granting of the motion, and failure to follow a district court's local rule is proper grounds for dismissal. U.S. v. Warren, 601 F.2d 471, 474 (9th Cir. 1979). However, prior to dismissing the action, the district court is required to weigh several factors: "(1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases of their merits; and (5) the availability of less drastic sanctions." Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (citing Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)). A review of the docket indicates that as of September 27, 2010, the plaintiffs have failed to respond to defendants' motion to dismiss. Weighing the factors identified in Ghazali, the court finds dismissal appropriate.

Dockets.Justia.com

1 2 3 4 5 6

Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED defendants Geneva Martinjus', Meshelle Baggerman's and Danita F. Fallen's motion to dismiss (doc. #48) is hereby GRANTED. DATED September 29, 2010.

UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
James C. Mahan U.S. District Judge

-2-