Emery v. United Fire & Indemnity Company et al

Filing 14

ORDER and REASONS - IT IS ORDERED that the Motion to Dismiss United Fire & Casualty Company and United Fire & Indemnity Company 8 should be and is hereby GRANTED. Thus, Plaintiff's claims against United Fire & Casualty Company and United Fire & Indemnity Company are hereby dismissed as stated within document. Signed by Judge Kurt D. Engelhardt on 10/21/09. (cab) Modified on 10/21/2009 to edit document type(cab).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JOHN EMERY, JR. VERSUS UNITED FIRE & INDEMNITY COMPANY, ET AL. CIVIL ACTION NO. 09-1661 SECTION "N" (5)

ORDER AND REASONS Local Rule 7.5E of the Eastern District of Louisiana requires that a memorandum in opposition to a motion be filed and that a copy be delivered to chambers eight days prior to the date set for hearing of the motion. No memorandum in opposition to the Motion to Dismiss United Fire & Casualty Company and United Fire & Indemnity Company (Rec. Doc. 8), set for hearing on October 21, 2009, was filed. Accordingly, IT IS ORDERED that the Motion to Dismiss United Fire & Casualty Company and United Fire & Indemnity Company (Rec. Doc. 8) should be and is hereby GRANTED. Thus, Plaintiff's claims against United Fire & Casualty Company and United Fire & Indemnity Company are hereby dismissed. A motion for reconsideration of this Order, if any, must be filed within ten days of the date this Order is entered by the Clerk of Court. The motion must be accompanied by opposition memorandum to the original motion. Because a motion for reconsideration would not have been Further, it appears to the Court that this motion has merit.

necessary had a timely opposition memorandum been filed, the costs incurred in connection with the motion, including attorneys' fees, will be assessed against the party moving for reconsideration. See FED. R. CIV. P. 16, 83. A statement of costs conforming to Local Rule 54.3 shall be submitted by all parties desiring to be awarded costs and attorneys' fees no later than eight days prior to the hearing of the motion for reconsideration. New Orleans, Louisiana, this 21st day of October 2009.

_______________________________ KURT D. ENGELHARDT United States District Judge

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