DECISION AND ORDER
Petitioner Shareholder Advocates, LLC., fil ed an Application for Appointment of Custodian over National Health Scan, Inc., on August 30, 2 10. This Decision and Order granting the Application follows.
Nevada Revised Statute 78.347 provides that a stockholder of a corporation may apply to the district court for an appointment of a custodian of that corporation when it has abandoned its business and failed to properly wind up.
Under EDCR 2.20(C), “within 10 days after service of the motion ... the opposing party must serve and file a written notice of non-opposition or opposition therto. ...” Failure to file an opposition "may be construed a. an admission that the motion ... is meritorious and a consent to granting the same." Additionally, EDCR 2.23(c) provides "the judge may consider the motion on it merits at any time with or without oral argument and grant or deny it."
Shareholder Advocates has submitted an affidavit from its manager, David Keaveney, showing that it is a stockholder of National Health Scan, the prior applications for appointment of custodian it has filed and the result of those applications, and National Health Scan's apparent abandonment of it business , thus requiring a custodian. Based on the application and the accompanying affidavit, this Court finds it appropriate to appoint a custodian over National Health Scan.
It is therefore ordered that Shareholder Advocates, LLC., a shareholder of National Health Scan, Inc., is appointed custodian of National Health Scan, Inc. pursuant to NRS 78.347
