1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 SILVIA BEVILACQUA, Case No. 2:22-CV-1925 JCM (VCF) 8 Plaintiff(s), ORDER 9 v. 10 UNITED HEALTHCARE SERVICES, INC., et al., 11 Defendant(s). 12 13 Presently before the court is the defendant United Healthcare Services Inc.’s motion to 14 dismiss plaintiff Sylvia Bevilacqua’s complaint. (ECF No. 24). Plaintiff has not filed a response, 15 and the time to do so has now passed. 16 Plaintiff is a physician allegedly employed by defendant. According to plaintiff, for 17 roughly three years, she experienced discrimination on the basis of her sex. See (ECF No. 1-1). 18 Pursuant to District of Nevada Local Rule 7-2(d), “the failure of an opposing party to file 19 points and authorities in response to any motion ... constitutes a consent to the granting of the 20 motion.” LR 7-2(d); see Ghazali v. Moran,

(9th Cir. 1995) (“Failure to follow a 21 district court's local rules is a proper ground for dismissal.”). 22 However, the court will not automatically grant every unopposed motion. First, the court 23 must weigh the following factors: “(1) the public's interest in expeditious resolution of litigation; 24 (2)the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public 25 policy favoring disposition of cases of their merits; and (5) the availability of less drastic 26 sanctions.” Ghazali,

. 27 28 1 Having considered defendant’s motion and plaintiff's amended complaint in light of the 2 Ghazali factors, the court grants the motion. The first three factors—the public's interest in 3 expeditiously resolving this litigation, the court's interest in managing the docket, and the risk of 4 prejudice to defendants—all weigh in favor of dismissal. See id.; Anderson v. Air West,

522, 524 (9th Cir. 1976) (holding that a presumption of injury arises from the occurrence of 6 unreasonable delay). Therefore, dismissal is appropriate. 7 Accordingly, 8 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendant’s motion to 9 dismiss (ECF No. 24) be, and the same hereby is, GRANTED. The clerk is instructed to close 10 this case. 11 DATED June 2, 2023. 12 __________________________________________ UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28