Case Information
*1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Fred Khalilian, derivatively on behalf of Case No. 2:19-cv-00831-JAD-BNW nominal defendant, Monster Products, Inc.,
Plaintiff Order Dismissing Case v.
Monster Products, Inc., et al., [ECF Nos. 15, 16, 18, 19, 21]
Defendants
Nominal Defendant Monster Products, Inc. moves to dismiss this putative shareholder derivative action filed by Fred Khalilian. [1] The deadline to oppose that motion passed without response. Local Rule 7-2(d) provides that “[t]he failure of an opposing party to file points and authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the granting of the motion.” I apply Local Rule 7-2(d) and deem plaintiff’s failure to oppose this motion as his consent to granting it. Accordingly, IT IS HEREBY ORDERED that Monster Products, Inc.’s Motion to Dismiss Shareholder Derivative Complaint Under Fed. R. Civ. P. 23.1 and 12(b)(6) [ECF Nos. 16, 18] is GRANTED. This case is DISMISSED in its entirety.
Also pending is Khalilian’s counsel’s motion to withdraw. [2] Good cause appearing, IT IS FURTHER ORDERED that Khalilian’s unopposed motion to withdraw [ECF No. 19] is GRANTED. The Clerk of Court is directed to SEND a copy of this order to Fred Khalilian at 6245 Wilshire Blvd., Los Angeles, CA, 90048, and CLOSE THIS CASE.
*2 IT IS FURTHER ORDERED that Khalilian’s motion to extend time to respond to the court’s notice of intent to dismiss under FRCP 4m [3] [ECF No. 15] is DENIED as moot because this case is being dismissed based on Monster’s motion to dismiss, not based on FRCP 4m. Monster’s motion to stay discovery [ECF No. 21] is DENIED as moot, too.
Dated: November 18, 2019
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[1] ECF Nos. 16, 18 (corrected image).
[2] ECF No. 19.
[3] ECF No. 14. 2