Injazat Technology Fund B.S.C. v. Najafi

District Court, D. Nevada

Injazat Technology Fund B.S.C. v. Najafi

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 INJAZAT TECHNOLOGY FUND B.S.C., Case No. 2:11-CV-1355 JCM (GWF)

8 Plaintiff(s), ORDER

9 v.

10 DR. HAMID NAJAFI,

11 Defendant(s).

12 13 Presently before the court is defendant Hamid Najafi (“defendant”)’s motion to declare 14 an expired judgment void and unenforceable. (ECF No. 24). Plaintiff Injazat Technology Fund, 15 B.S.C. has not filed a response, and the time to do so has now passed. 16 Pursuant to District of Nevada Local Rule 7-2(d), “the failure of an opposing party to file 17 points and authorities in response to any motion . . . constitutes a consent to the granting of the 18 motion.” LR 7-2(d); see Ghazali v. Moran,

46 F.3d 52, 53

(9th Cir. 1995) (“Failure to follow a 19 district court’s local rules is a proper ground for dismissal.”). 20 However, the court will not automatically grant every unopposed motion. First, the court 21 must weigh the following factors: “(1) the public’s interest in expeditious resolution of litigation; 22 (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the 23 public policy favoring disposition of cases of their merits; and (5) the availability of less drastic 24 sanctions.” Ghazali,

46 F.3d at 53

. 25 Having considered defendants’ motion in light of the Ghazali factors, the court grants it. 26 The first three factors—the public’s interest in expeditiously resolving this litigation, the court’s 27 interest in managing the docket, and the risk of prejudice to defendants—all weigh in favor of 28 dismissal. See id.; Anderson v. Air West,

542 F.2d 522, 524

(9th Cir. 1976) (holding that a 1} presumption of injury arises from the occurrence of unreasonable delay). This judgment is 2 | eleven years old (and there has been no attempt at renewal) and there is a high risk of prejudice 3 should an unenforceable judgment be permitted to remain against defendant. Therefore, dismissal is appropriate. 5 Accordingly, 6 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendant’s motion to 7 | declare the expired judgment void and unenforceable (ECF No. 24) be, and the same hereby is, 8 | GRANTED. 9 DATED October 4, 2022. 10 tts ©. Atalian ul UN ITED,STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-

Reference

Status
Unknown