Despite the Court's warnings Plaintiff has failed to file points and authorities in opposition to Defendant's Motion as allowed by Local Rule 7-2 LR 7-2(d) allows the
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Despite the Court's warnings Plaintiff has failed to file points and authorities in opposition to Defendant's Motion as allowed by Local Rule 7-2 LR 7-2(d) allows the
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,v.
JAMES A. DILULLO,
Defendant.Case No.
2:07-CV-0321-KJD-PALOR
DER On October 1, 2007, Magistrate Judge Peggy A. Leen issued a Report of Finding andRecommendation (#32) that default judgment be entered in favor of Plaintiff unless Defendant JamesA. Dilullo filed a Certifica
te of Interested Parties complying with LR 7.1-1 on or before October 16,2007. Upon reviewing this matter, the Court finds that on June 28, 2007, the Court issued an Order(#24) requiring Defendant to file a Certificate of Interested Parties in compliance with LR 7.1-1 on orbefor
e July 13, 2007. On August 3, 2007, the Court issued an Order to Show Cause (#25) requiringDilullo to s
how cause, in writing, no later than August 15, 2007, why sanctions should not beimposed for his fa ilure to file the Certificate as to Interested Parties and comply with the Court'sOrder (#24). On August 27, 2007, the Court entered an Order (#31) requiring Defendant to file aCertifica
te as to Interested Parties as required by LR 7.1-1 no later than 4:00 p.m., September 5,2007. To date, D
ilullo has not filed a Certifica te as to Interested Parties nor complied with theCou rt's orders. In making her Report of Findings and Recommendation for default judgment, MagistrateJudg e Leen found: Case 2:07-cv-00321-KJD-PAL Document 33 Filed 10/23/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2122
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lullo's willful failure to file the Certificate as to Interested Parties and comply withthe cour t's orders, is an abusive litigation practice that has prevented the court fromevalua ting possible recusal, interfered with the court's ability to hear this case,delay ed litigation, disrupted the court's timely management of its docket, wastedjud icial resources, and threatened the integrity of the court's orders and the orderlya
dministration of justice. Sanctions less drastic than dismissal are unavailable becauseDilullo has wilfully
refused to comply with multiple court orders and the Local Rulesof Prac tice, and the court cannot hear this case absent a Certificate as to InterestedPa rties.(Report of F indings and Recommendation p. 2-3.) Moreover, on August 10, 2007, Plaintiff filed a Motion for Summary Judgment (#26). OnAugust 10, 2007, the Court issued a Klingele Order (#30) that notified the Plaintiff of the necessityof
responding to Defendant's dispositive motion, and identified what Plaintiff must do to adequatelyoppose De
fendant's Motion. Despite the Court's warnings Plaintiff has failed to file points andauthorities in opposition t
o Defendant's Motion as allowed by Local Rule 7-2. LR 7-2(d) allows theCourt to consider fa ilure to file points and authorities in opposition as consent to the granting of themotion if the motion is found to have merit. The Court has considered the Motion and finds it tohave me
rit. Therefore, in accordance with Local Rule 7-2(d), together with the reasons listed byMag istrate Judge Leen, the Court hereby accepts the Report of Findings and Recommendation (#32). Fur thermore, the Court also orders that Plaintiff's Motion for Summary Judgment (#15) is granted.IT IS SO ORDERED.
DATED this 23rd day of October 2007.
____________________________________Kent J. Dawson
United States District JudgeCase 2:07-cv-00321-KJD-PAL Document 33 Filed 10/23/2007 Page 2 of 2
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