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FLETCHER v. BANK OF AMERICA CORPORATION, 2:12-CV-240 JCM (RJJ). (2012)

Court: District Court, D. Nevada Number: infdco20120323h73 Visitors: 4
Filed: Mar. 22, 2012
Latest Update: Mar. 22, 2012
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is defendants Bank of America Corporation, et. al.'s motion to dismiss. (Doc. #4). 1 Plaintiff Troy Fletcher failed to file an opposition. The property at issue in this case is located at 769 Shirehampton Drive, Las Vegas, Nevada. (Doc. #1, Ex. A). Plaintiff defaulted on his home loans on November 1, 2008. (Doc. #4, Ex. D). The property was sold at a trustee's sale on November 19, 2009. (Doc. #4, Ex. F). Defendants' motion arg
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ORDER

JAMES C. MAHAN, District Judge.

Presently before the court is defendants Bank of America Corporation, et. al.'s motion to dismiss. (Doc. #4).1 Plaintiff Troy Fletcher failed to file an opposition.

The property at issue in this case is located at 769 Shirehampton Drive, Las Vegas, Nevada. (Doc. #1, Ex. A). Plaintiff defaulted on his home loans on November 1, 2008. (Doc. #4, Ex. D). The property was sold at a trustee's sale on November 19, 2009. (Doc. #4, Ex. F).

Defendants' motion argues that the court should dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. #4). The motion addresses all four causes of action in plaintiff's complaint. (Doc. #4).

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. Ghazali, 46 F.3d at 53; see also LR 7-2(d).

Accordingly,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants Bank of America Corporation, et. al.'s motion to dismiss (doc. #4) be, and the same hereby is, GRANTED.

FootNotes


1. Defendants' attorney filed an identical motion to dismiss in this case for defendant Recontrust Company, N.A. (Doc. #5). As these motions are identical and name all of the defendants in this case, it is unnecessary for the court to issue two separate orders on these motions.
Source:  Leagle

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