Heritage Academy, Ltd. v. Underwriters at Lloyds of London

Filing 6

ORDER and REASONS granting 5 Motion for Judgment on the Pleadings as stated within document. Signed by Judge Kurt D. Engelhardt on 3/12/2010. (cab)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA HERITAGE ACADEMY, LTD. VERSUS UNDERWRITERS AT LLOYDS OF LONDON CIVIL ACTION NO. 09-5949 SECTION "N" (3) 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 Underwriters at Lloyds of London's Motion for Judgment on the Pleadings (Rec. Doc. 5), set for hearing on March 10, 2010, was filed. Further, it appears to the Court that this motion has merit. Accordingly, IT IS ORDERED that Underwriters at Lloyds of London's Motion for Judgment on the Pleadings (Rec. Doc. 5) should be and is hereby GRANTED. Thus, Plaintiff's lawsuit is dismissed with prejudice. 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 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 12th day of March 2010.

_______________________________ KURT D. ENGELHARDT United States District Judge

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