O'Connell et al v. JPMorgan Chase Bank, N.A. et al

Filing 16

ORDER granting 14 Motion to Dismiss. Action is DISMISSED WITH PREJUDICE. Signed by Chief Judge Robert C. Jones on 8/3/12. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13
14

CASEY J. O’CONNELL and BECKY A.
O’CONNELL,

)
)
)
Plaintiffs,
)
)
v.
)
)
)
JPMORGAN CHASE BANK, N.A., et al.,
)
)
Defendants.
)
)
___________________________________ )

3:11-cv-685-RCJ-WGC
ORDER

15

On September 13, 2011, Plaintiffs Casey and Becky O’Connell filed a complaint in

16

Nevada state court against Defendants JPMorgan Chase Bank, N.A.; La Salle Bank, N.A.;

17

Washington Mutual Bank, F.A.; and California Reconveyance Company (collectively

18

“Defendants”). (Compl. (#1-2) at 1). The complaint contains three causes of action related

19

to the foreclosure of Plaintiffs’ home. (Id. at 9-12). The complaint was later removed to this

20

Court on September 22, 2011. (Pet. for Removal (#1)).

21
22

Defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) on June 18,
2012. (Mot. to Dismiss (#14)). Plaintiffs failed to respond to the motion to dismiss.

23

Under Nevada Local Rule 7-2(d), “[t]he failure of an opposing party to file points and

24

authorities in response to any motion shall constitute a consent to the granting of the motion.”

25

The “[f]ailure to follow a district court’s local rules is a proper ground for dismissal.” Ghazali

26

v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

27

Plaintiffs here failed to file a response to Defendants’ motion to dismiss. Under Nevada

28

Local Rule 7-2(d), Plaintiffs are therefore deemed to consent to the granting of the motion.
Accordingly, the Court dismisses the complaint with prejudice.

1
2

For the foregoing reasons, IT IS ORDERED that Defendants’ motion to dismiss (#14)
is GRANTED and the action is DISMISSED WITH PREJUDICE.

3
4

3rd
DATED: This _____ day of August, 2012.

5
6

_________________________________
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
2