Alexsei Durack v. Dermot Givens

• Court: District Court, C.D. California
• Decided: December 11, 2024
• Docket: 2:24-cv-09504
• Status: Unknown

Opinion

JS-6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL

Case No. CV 24-9504-DMG (SSCx) Date December 11, 2024

Title Alexsei Durack et al v. Dermot Givens Page 1 of 1

Present: The Honorable DOLLY M. GEE, CHIEF UNITED STATES DISTRICT JUDGE

DEREK DAVIS NOT REPORTED Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS— ORDER GRANTING PLAINTIFF’S MOTION TO REMAND [6]

On November 20, 2024, Plaintiffs Alexsei Durack and Colin Fulford filed a motion to remand (“MTR”) this action to the Los Angeles County Superior Court, [Doc. # 6] after Defendant Dermot Givens removed the action to this Court on November 4, 2024, [Doc. # 1]. The matter is currently set for hearing on December 20, 2024. See MTR. Defendant’s opposition was due no later than December 2, 2024. 1 See C.D. Cal. L.R. 7-9 (opposition papers due at least 21 days before the date of the motion hearing). No opposition has been filed, and the time to do so has now passed.

The MTR is therefore GRANTED for failure to oppose. See Oakley, Inc. v. Nike, Inc., 988 F. Supp. 2d 1130, 1139 (C.D. Cal. 2013) (citing L.R. 7-12) (“[T]he Local Rules permit the Court [to] deem failure to oppose as consent to the granting of the motion.”). The Court hereby REMANDS this action to the Los Angeles County Superior Court. The December 20, 2024 hearing is VACATED.

IT IS SO ORDERED.

1 Defendant’s opposition would ordinarily have been due by November 29, 2024, but that date was a Court holiday. See Fed. R. Civ. P. 6(a)(1).