UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
February 8, 2012
DAVID GRAHAM, PLAINTIFF,
BARBARA SOUZA, DEFENDANT.
The opinion of the court was delivered by: Dean D. Pregerson United States District Judge
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND [Docket No. 6]
Presently before the court is Plaintiff David Graham's Motion for Order Remanding Case to State Court ("Motion"). Because Defendant has not filed an opposition, the court GRANTS the Motion.
Central District of California Local Rule 7-9 requires an opposing party to file an opposition to any motion at least twenty-one (21) days prior to the date designated for hearing the motion. Additionally, Local Rule 7-12 provides that "[t]he failure to file any required paper, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion."
The hearing on Plaintiff's Motion was set for February 13, 2012. Defendant's opposition was therefore due by January 23, 2012. As of the date of this Order, Defendant has not filed an opposition, or any other filing that could be construed as a request for a continuance. Accordingly, the court deems Defendant's failure to oppose as consent to granting the Motion to Remand. The court therefore GRANTS the Motion, and remands the entire matter to state court.
IT IS SO ORDERED.
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