GLOBAL LAWSUIT IS DISMISSED. JUDGE THREW IT OUT..
GLOBAL PRIVATE FUNDING, INC., a California
Case No. CV 13-04622 DDP (MANX)
12 corporati on, ORDER GRANTING UNOPPOSED MOTIONS TO DISMISS PLAINTIFF' S FIRST
13 Plaintiff,
AMENDED COMPLAINT
14 "v • ( D k t . Nos. 53 , 61)
15 EMPYREAN WEST, LLC, an Arizona corporation; JAY L.
16 CARTER, r2 t a l.,
17 Defendants.
18
19
20 Present ly before the court are Motions to Dismiss Plaintiff' s
21 First Amended Complaint under Rule 12(b) (6) filed, respectively, by
22 Defendants Empyrean West, LLC, Jay Carter, and David Kel ler (Dkt.
2 3 No. 5 3 , "First Motion to Di smisE;") and by Defendant.s U.S. Fuel
24 Corporation, Harry Bagot, Stanley N. Drinkwater, III, Will iam
2 5 Chady, and Robert Schwa rtz (Dkt. No. 61, "Second Motion to
26 Di smiss11 ) . Plaintiff Global Private Funding, Inc. has not opposed
:n either motion. Accordinq 1y , the court GRANTS both rnot ion::; to
28 dismiss.
1 Central Dis trict of Cal ifornia Local Rule 7-9 requires an
2 opposing party to file an opposition to any motion at least twenty-
3 one (21) days prior to the date designated for hearing the motion.
4 C.D. CAL. L.R. 7-9. Additionally, Local Rule 7-12 provides that
5 "[t]he failure to file any required documen t, or the failure to
6 file it within the dead l ine, may be deemed consent to the grant ing
7 or denial of the mot ion.n C.D. CAL. L.R. 7-12.
8 The hearings on both motions were noticed for May 12, 2014.
9 Plaintiff' s opposi tions were therefore due by Apr il 21, 2014. As of
10 the da te of this Order, Plaintiff has not fi led an opposition or
11 any other filing that could be construed as a request for a
12 continuance as to either motion. According ly, the court deems
13 Plaint iff' s failure to oppose as consen t to granting the motions to
14 dismiss, and GRANTS both motions.
15 In accordance with the First Motion to Dismiss, the
16 first through eighteenth claims set forth in Plaintiff's First
17 Amended Complaint are dismissed as t o Defendan ts Empyrean West ,
18 LLC, Jay Carter, and David Keller. In accordance with the Second
19 Motion to Dism i ss, the first and eighth through eighteenth claims
20 set forth in plaintiff' s First Amended Complaint are dismissed as
21 to Defendants U.S. Fuel Corporation, Harry Bagot, Stanley N.
22 Drinkwater, III, William Chady, and Robert Schwartz. As a result of
23 this Order, no claims remain as to any Defenda nt. 24
25 IT IS SO ORDERED.
26
Dated: May 6, 2014
27
28
DEAN D. PREGERSON
United States District Judge
