ORDER

JAMES C. MAHAN, District Judge.

Presently before the court is defendant Outback Steakhouse of Florida, LLC's motion to dismiss. (Doc. #18). Plaintiff, the Federal Deposit Insurance Corporation, failed to file an opposition.

Defendant moves to dismiss this case pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. #18). Specifically, defendant asserts that "[b]y its own language, [p]laintiff's [c]omplaint clearly establishes that [defendant] has relinquished all property rights relating to the land and any covenants which may or may not run with it. As such, no declaratory judgment could properly be issued against [defendant], and this case, as pled against [defendant] must be dismissed." (Doc. #18).

Pursuant to Nevada Local Rule 7-2(d), "the failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion." However, the court will not automatically grant every unopposed motion. In Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995), the Ninth Circuit held that the court had to weigh the following factors before dismissing the action: (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.

Plaintiff failed to oppose the motion to dismiss, and the court further finds that the Ghazali factors weigh in favor of dismissing the action as to this defendant. Ghazali, 46 F.3d at 53; see also LR 7-2(d).

Accordingly,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Outback Steakhouse of Florida, LLC's motion to dismiss (doc. #18) be, and the same hereby is, GRANTED.