Yahral v. Richless

District Court, D. Nevada

Yahral v. Richless

Trial Court Opinion

1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 U’Nika J. Queeney Yahral, Case No. 2:25-cv-00938-CDS-DJA

4 Plaintiff Order Granting Defendants’ Unopposed Motions to Dismiss 5 v.

6 Stephanie Richless, et al., [ECF Nos. 10, 11] 7 Defendants

8 9 Plaintiff U’nika Yahral brings this lawsuit seeking redress for the removal of her minor 10 children from her custody, the ultimate termination of parental rights, and an arrest. Compl., 11 ECF No. 1. Defendants1 Margaret Pickard, Roger West, and Wilbur & Theresa Faiss Middle 12 School move to dismiss Yahral’s claims for insufficient service, failure to state a claim, and failure 13 to name the Clark County School District. ECF Nos. 10, 11. Any opposition to those motions was 14 due by July 21, 2025. ECF No. 14 at 2 (citing Local Rule 7-2(b) (providing that the non-moving 15 party must file points and authorities in opposition within fourteen days after service of the 16 motion to dismiss). That deadline passed without any response, leaving the motions to dismiss 17 unopposed. 18 Local Rule 7-2(d) provides that “[t]he failure of an opposing party to file points and 19 authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for 20 attorney’s fees, constitutes a consent to the granting of the motion.” Unlike a motion for 21 summary judgment, a district court is not required to examine the merits of an unopposed 22 motion to dismiss before granting it. Ghazali v. Moran,

46 F.3d 52, 54

(9th Cir. 1995) (refusing to 23 extend to motions to dismiss the requirement that a district court examine the merits of an 24 unopposed motion for summary judgment before summarily granting it pursuant to a local rule).

25 1 Yahral names twenty defendants: Judge Roger, Judge Ruggiero, K. Bowers, D. Reynolds, A. Shupe, Z. Adams, K. Soucy, Frankie Cooper, Meriyah Finchers, Shenita Johnson, Gwendolyn Rossmanith, Rhonda 26 Tyrone, Ramon Taylor, Malaysia Johnson, Michael Ross, Stephanie Richless, Steven B. Wolfson, Judge Margaret Pickard (who was incorrectly identified as “Mergerette P.” and “Mergerette Pickard” in the complaint), and Derrick and Barbara Blackson. ECF No. 1 at 2–3. Thus, a district court may properly grant an unopposed motion to dismiss under a local rule.

Id. at 53

. Here, | apply LR 7-2(d) and deem Yahral’s failure to respond to the motions to dismiss as consent to granting the motions. 4 Conclusion 5 IT IS HEREBY ORDERED that defendants’ motions to dismiss [ECF Nos. 10, 11] are GRANTED, therefore Margaret Pickard, Roger West, and Faiss Middle School are dismissed. 7 The Clerk of Court is kindly directed to change “Mergerette P.” to “Margaret Pickard” in 8|| the electronic filing system, and to enter judgment accordin 9 Dated: July 28, 2025 / 10 _t Li — u Cristi United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Reference

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