Devos v. Music Tribe Commercial NV, Inc.

• Court: District Court, D. Nevada
• Decided: February 4, 2022
• Docket: 2:20-cv-01581
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 TODD DEVOS, Case No. 2:20-CV-1581 JCM (EJY)

8 Plaintiff(s), ORDER

9 v.

10 MUSIC TRIBE COMMERCIAL NV, INC.,

11 Defendant(s).

12 13 Presently before the court is defendant Music Tribe Commercial NV, Inc.’s (“Music 14 Tribe”) motion to dismiss (ECF No. 35) plaintiff Todd Devos’s (“Devos”) amended complaint 15 (ECF No. 33). Devos did not respond, and the deadline to do so has passed. LR 7-2(b). 16 Pursuant to District of Nevada Local Rule 7-2(d), “the failure of an opposing party to file 17 points and authorities in response to any motion . . . constitutes a consent to the granting of the 18 19 motion.” LR 7-2(d); see Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a 20 district court’s local rules is a proper ground for dismissal.”). 21 However, the court will not automatically grant every unopposed motion. First, the court 22 must weigh the following factors: “(1) the public’s interest in expeditious resolution of litigation; 23 (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the 24 25 public policy favoring disposition of cases of their merits; and (5) the availability of less drastic 26 sanctions.” Ghazali, 46 F.3d at 53. 27 Having considered Music Tribe’s motion and Devos’s amended complaint in light of the 28 Ghazali factors, the court grants the motion. The first three factors—the public’s interest in 1 | expeditiously resolving this litigation, the court’s interest in managing the docket, and the risk of 2 prejudice to defendants—all weigh in favor of dismissal. See id.; Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976) (holding that a presumption of injury arises from the occurrence of

5 unreasonable delay). Therefore, dismissal is appropriate. 6 Accordingly, 7 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Music Tribe 8 Commercial NV, Inc.’s motion to dismiss (ECF No. 35), be, and the same hereby is, GRANTED. Todd Devos’s amended complaint (ECF No. 33) is DISMISSED, without prejudice. 12 DATED February 4, 2022. Bettas 0. Malan 14 UNIKED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-