Can a motion to dismiss be granted for failure to respond?

MultiRegion, United States of America

The following excerpt is from Duenas v. Nationstar Mortg. Holdings, Inc., Case No.: 16-CV-2824 W (RBB) (S.D. Cal. 2017):

Civil Local Rule 7.1(f)(3)(c) provides that "[i]f an opposing party fails to file papers in the manner required by [Local Rule 7.1(e)(2)], that failure may constitute a consent to the granting of that motion or other ruling by the court." A district court may properly grant a motion to dismiss for failure to respond. See Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam) (affirming dismissal for failure to file timely opposition papers where plaintiff had notice of the motion and ample time to respond).

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