Noel v. Direct General Insurance Company

Filing 9

ORDER granting 7 Motion to Dismiss for Lack of Jurisdiction. Party Direct General Insurance Company dismissed. A motion for reconsideration of this order based on the appropriate Federal Rule of Civil Procedure, if any, must befiled within thirty days as set forth in document. Signed by Judge Carl Barbier on 10/26/2009. (mmm, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA OLIVER NOEL VERSUS DIRECT GENERAL INSURANCE COMPANY ORDER On October 14, 2009, this Court ordered Plaintiff to file any response or memorandum in opposition to Defendant Direct General Insurance Company's Motion to Dismiss for Failure to State a Claim (Rec. Doc. 7) by October 24, 2009. failed to meet this requirement. Plaintiff CIVIL ACTION NO: 09-5634 SECTION: "J"(2)

Accordingly, this motion is

deemed to be unopposed, and, further, it appearing to the Court that the motion has merit, IT IS ORDERED that Defendant Direct General Insurance Company's Motion to Dismiss for Failure to State a Claim (Rec. Doc. 7) is GRANTED and that all claims against Defendant Direct General Insurance Company are dismissed with prejudice at Plaintiffs' costs. A motion for reconsideration of this order based on the appropriate Federal Rule of Civil Procedure, if any, must be filed within thirty days. The motion must be accompanied by an Because such a

opposition memorandum to the original motion.

motion would not have been necessary had a timely opposition memorandum been filed, the costs incurred in connection with the

motion, including attorney's fees, may be assessed against the party moving for reconsideration. See Fed. R. Civ. P. 16.

New Orleans, Louisiana, this 26th day of October, 2009.

____________________________ CARL J. BARBIER UNITED STATES DISTRICT JUDGE