Gianna Davalos v. FCA US LLC

United States District Court for the Central District of California

Gianna Davalos v. FCA US LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. 2:20-cv-03292-VAP-RAOx Date June 8, 2020 Title Gianna Davalos et al v. FCA US LLC et al.

Present: The Honorable VIRGINIA A. PHILLIPS, CHIEF UNITED STATES DISTRICT JUDGE CHRISTINE CHUNG Not Reported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present Proceedings: MINUTE ORDER (IN CHAMBERS) GRANTING PLAINTIFFS’ MOTION TO REMAND (IN CHAMBERS) [DKT. 13] Before the Court is Plaintiffs Gianna Davalos and Daniel Atilano’s (“Plaintiffs”) Motion to Remand, filed May 8, 2020. (“Motion,” Dkt. 13). The motion was set for hearing on June 15, 2020. Defendant’s opposition should have been filed by May 26, 2020. L.R. 7-9. To date, Plaintiffs have not opposed the motion. The Court finds the matter suitable for decision without a hearing pursuant to Local Rule 7-15, and the June 15, 2020 hearing date is therefore vacated. Local Rule 7-12 states that “failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion.” Kristensen v. Expansion Capital Grp., LLC, No. 2:16-cv-00982-JFW-JEMx,

2016 WL 10988570

, at *1 (C.D. Cal. July 19, 2016) (holding failure to oppose a motion to dismiss was grounds for dismissal with prejudice pursuant to Local Rule 7-12). Accordingly, the Court deems Defendant’s failure to file an opposition as consent to the granting of Plaintiffs’ motion. The Court therefore GRANTS the Motion to Remand and REMANDS the case to the Superior Court for the County of Los Angeles. IT IS SO ORDERED.

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