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William Dominick; and Westwood Rare Coin Gallery, Inc v. Collectors Universe

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 10, 2012

WILLIAM DOMINICK; AND WESTWOOD RARE COIN GALLERY, INC., PLAINTIFFS,
v.
COLLECTORS UNIVERSE, INC.; CERTIFIED ASSET EXCHANGE INC.; AKA CERTIFIED COIN EXCHANGE; DAVID HALL; CASSI EAST; MICHAEL BRANDOW; AND DOES 1--10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Otis D. Wright, II United States District Judge

O

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS [14]

On July 19, 2012, Defendants moved to dismiss Plaintiffs' Complaint with a hearing set for August 20, 2012. (ECF No. 14.) Plaintiffs' opposition was due no later than July 30, 2012. See L.R. 7-9. In lieu of filing an opposition, Plaintiffs filed a Notice of Intent to File an Amended Complaint no later than August 9, 2012-the last date by which Plaintiffs could file an amended complaint as a matter of course under Federal Rule of Civil Procedure 15(a)(1)(B).

August 9 has now come and gone, and the Court is in receipt of neither an opposition nor an amended complaint. Defendants' motion to dismiss therefore stands unopposed, and a party's failure to oppose a motion may be deemed consent to granting the motion. L.R. 7-12. The Court therefore GRANTS Defendants' motion for the reasons advanced in Defendants' moving papers. The August 20, 2012 hearing on this matter is VACATED, and no appearances are necessary.

Plaintiffs may file an amended complaint no later than August 17, 2012; failure to do so will result in dismissal of this action with prejudice. Also, failure to address a pleading deficiency raised by Defendants' moving papers may result in dismissal of one or more claims with prejudice.

IT IS SO ORDERED.

20120810

© 1992-2012 VersusLaw Inc.



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