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2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3

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5 SFR Investments Pool 1, LLC, Case No. 2:22-cv-001802-CDS-NJK

6 Plaintiff

7 v. Order Granting Partial Motion to Dismiss

8 The Bank of New York Mellon [ECF No. 10]

9 Defendant 10 11 This removed lawsuit arises out of the foreclosure proceedings on a property located in 12 Clark County, Nevada. See Compl., ECF No. 1-1. On January 3, 2023, defendant Bank of New 13 York Mellon (BoNYM) filed a partial motion to dismiss plaintiff SFR Investments Pool 1, LLC’s 14 claim for quiet title, seeking to expunge the lis pendens recorded against the property. Mot. 15 Dismiss, ECF No. 10. The parties filed a stipulation to extend the time for SFR to respond to the 16 pending motion (ECF No. 12), and I granted SFR until February 7, 2023, to file a response. ECF 17 No. 13. As of the date of this order, SFR has not filed an opposition to defendant’s motion. For 18 the reasons set forth herein, I hereby grant BoNYM’s partial motion to dismiss. 19 I. Discussion 20 Public policy favors disposition of cases on their merits. See Hernandez v. City of El Monte, 21

(9th Cir. 1998). The Ninth Circuit has held that unlike with motions for 22 summary judgment, a district court is not required to examine the merits of an unopposed 23 motion to dismiss before granting it. Ghazali v. Moran,

(9th Cir. 1995); Wystrach v. 24 Ciachurski, 267 Fed. App’x 606, 609 (9th Cir. 2008) (the Ninth Circuit “refused to extend to 25 motions to dismiss the requirement that a district court examine the merits of an unopposed 26 motion for summary judgment before summarily granting it pursuant to a local rule.”). So I 1 exercise that discretion here and grant BoNYM’s motion under this district’s local rules, which 2 provide that a party’s failure to file points and authorities in response to any motion constitutes 3 consent to the granting of the motion. See LR 7-2(d). 4 II. Conclusion 5 IT IS HEREBY ORDERED that defendant’s partial motion to dismiss [ECF No. 10] is 6 GRANTED. Plaintiff’s first cause of action is dismissed with prejudice. 7 IT IS FURTHER ORDERED that the notice of lis pendens recorded on August 24, 2022, 8 in the real property records of Clark County, Nevada, as Book and Instrument number 9 20220824-0001787, against the real property commonly known as 3609 Julia Waldene Court, 10 Las Vegas, Nevada 89129, Assessor’s Parcel Number 138-09-224-015, is hereby CANCELED, 11 DISCHARGED, AND EXPUNGED. 12 Dated: February 27, 2023

13 _________________________________ 14 Cristina D. Silva United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26