Painters Joint Committee et al v. J.L. Wallco, Inc. et al
Filing
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ORDER Granting 272 Plaintiffs' Motion for a Bench Trial on Alter-Ego Determination. Signed by Judge James C. Mahan on 2/19/2013. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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PAINTERS JOINT COMMITTEE, et
al.,
2:10-CV-1385 JCM (PAL)
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Plaintiffs,
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v.
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J.L. WALLCO, INC. Dba
Wallternatives, et al.,
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Defendants.
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ORDER
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Presently before the court is plaintiffs’ motion for bench trial on alter-ego determination.
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(Doc. # 272). The defendants have not filed a response even though the deadline date for filing a
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response has passed. Plaintiffs filed a notice of non-opposition. (Doc. # 275).
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Defendants have elected not to file a response to the motion for a bench trial. “The failure
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of an opposing party to file points and authorities in response to any motion shall constitute a consent
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to the granting of the motion.” LR 7-2(d). Accordingly, defendants have consented to a bench trial
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under the local rules.
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Additionally, “[m]any of the issues to be considered in determining whether to pierce the
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corporate veil are indeed fact based issues which a jury is readily capable of deciding. But it is the
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leap between those findings of fact and whether the corporate veil should be pierced that renders it
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‘essentially an equitable doctrine not amendable to determination by a jury.’” Siegel v. Warner Bros.
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Entm’t., 581 F.Supp.2d 1067, 1075 (C.D. Cal. 2008) (ellipses omitted) (quoting Int’l. Fin. Servs.
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James C. Mahan
U.S. District Judge
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Corp. v. Chromas Techs. Canada, Inc., 356 F.3d 731, 738 (7th Cir. 2004)). The court finds good
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cause to grant the motion for a bench trial.
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Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs’ motion for a
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bench trial on alter-ego determination (doc. # 272) be, and the same hereby, is GRANTED.
DATED February 19, 2013.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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