Tripp v. Clark County

Opinion

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

7 JUSTIN L. TRIPP, Case No. 2:17-CV-1964 JCM (BNW)

8 Plaintiff(s), ORDER

9 v.

10 CLARK COUNTY, et al.,

11 Defendant(s).

12 13 Presently before the court is defendant Clark County’s motion to dismiss the second 14 amended complaint as to defendant Clark County. (ECF No. 188). Plaintiff Justin Tripp has not responded to any of the above, and the deadline of November 19, 2020, has long passed. 15 Defendant has apprised this court of plaintiff’s non-opposition. (ECF No. 190). 16 Pursuant to Local Rule 7-2, an opposing party must file points and authorities in response 17 to a motion and failure to file a timely response constitutes the party’s consent to the granting of 18 the motion and is proper grounds for dismissal. See LR IB 7-2(d); United States v. Warren, 601 19 F.2d 471, 474 (9th Cir. 1979). However, prior to dismissal, the district court is required to weigh 20 several factors: “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need 21 to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 22 disposition of cases of their merits; and (5) the availability of less drastic sanctions.” Ghazali v. 23 Moran, 46 F.3d 52, 53 (9th Cir. 1995) (citing Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)). 24 In light of plaintiff’s lack of response and weighing the factors identified in Ghazali, the 25 court finds dismissal of the claims against defendant appropriate. The records reflect proper notice 26 of the motion, and plaintiff’s actions demonstrate an awareness of this matter. Ample time has 27 passed since the response’s deadline of November 19, 2020. 28 1 Accordingly, 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Clark 3 | County’s motion to dismiss (ECF No. 188) be, and the same hereby is, GRANTED. A IT IS FURTHER ORDERED that the plaintiffs claims as to defendant Clark County are 5 hereby DISMISSED. 6 DATED December 9, 2020. 7 a Lias C. Atala 3 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-