Baricuatro et al v. Industrial Personnel and Management Services, Inc. et al

Filing 310

ORDER and REASONS granting 304 Motion for Leave to File Fourth Amended Class and Collective Action Complaint. Signed by Judge Kurt D. Engelhardt on 2/19/2013. (cbs) Modified on 2/19/2013 to edit document type (cbs).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ISIDRO BARICUATRO, ET AL

CIVIL ACTION

VERSUS

NO. 11-2777

INDUSTRIAL PERSONNEL AND
MANAGEMENT SERVICES, INC., ET AL

SECTION “N” (2)

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 memorandum
in opposition to the following motion, noticed for submission on February 20, 2013, was filed:

“Motion for Leave to File Fourth Amended Complaint to Add
Additional Parties Plaintiff Pursuant to FRCP 15, FRCP 21,
and FRCP 20(a)” (Rec. Doc. 304).
Accordingly,
IT IS ORDERED that the above motion is hereby GRANTED. With regard to the
newly added plaintiffs’ FLSA claims, the amendment shall not relate back to the date of the
original complaint.
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 on the motion for reconsideration.
New Orleans, Louisiana, this 19th day of February, 2013.

____________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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