Kirk et al v. Frontier RV, Inc. et al

Filing 3

ORDER AND REASONS granting MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32, & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Hubert Kirk, Catherine Kirk and Kevin Melton, by Frontier RV, Inc. FURTHER ORDER ED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011. (filed in master case 07md1873, doc #23394) (blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
In Re: FEMA TRAILER
FORMALDEHYDE PRODUCTS
LIABILITY LITIGATION

MDL NO. 07-1873

SECTION “N” (5)
THIS DOCUMENT RELATES TO
Member Case No. 09-8290

ORDER AND REASONS
Local Rule 7.5 of the Eastern District of Louisiana requires that a memorandum in
opposition to a motion be filed eight days prior to the noticed submission date. No memoranda
in opposition to the “Motion to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32
and 88 Relating to Plaintiff Fact Sheets,” filed by defendant Frontier RV, Inc. (Rec. Doc. 23137),
noticed for submission on November 2, 2011, was filed. Further, it appears to the Court that this
motion has merit. Accordingly,
IT IS ORDERED that the “Motion to Dismiss for Failure to Comply with Pre-Trial
Order Nos. 2, 32 and 88 Relating to Plaintiff Fact Sheets” (Rec. Doc. 23137), filed by
defendant Frontier RV, Inc., is hereby GRANTED, dismissing with prejudice the claims of the
plaintiffs named therein.
IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves
with Pretrial Order No. 10, ¶¶ (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable

to this particular instance.
A motion for reconsideration of this Order, if any, must be filed within twenty-eight 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 2nd day of November 2011.

______________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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