John-Thomas Doljanin v. Reuben Ellis, et al.

Summary

The United States District Court for the Southern District of California granted four unopposed motions to dismiss under Civil Local Rule 7.1(f)(3)(c). Applying the factors from Ghazali v. Moran, the Court found that Plaintiff’s failure to oppose the motions supported dismissal. The Consolidated Complaint was dismissed without prejudice, with fourteen days allowed for filing an amended complaint, failing which the action would be dismissed with prejudice.

Holdings

1. Under Civil Local Rule 7.1(f)(3)(c), a party's failure to file a required opposition may constitute consent to the granting of the motion or other requested relief, and the district court may grant an unopposed motion to dismiss when the applicable dismissal factors support that result.
2. The five Ghazali factors weighed sufficiently in favor of dismissal because Plaintiff failed to oppose the motions, impeded docket management, created a risk of prejudice to defendants, and made consideration of less drastic alternatives unnecessary.

Questions Presented

1. Whether the district court could grant defendants' motions to dismiss under Civil Local Rule 7.1(f)(3)(c) when Plaintiff failed to oppose the motions.
2. Whether the Ghazali factors supported dismissal based on Plaintiff's failure to respond.

Disposition

dismissed