Sands et al v. Wells Fargo Bank, N.A.

Filing 10

ORDER granting 5 Motion to Dismiss. Signed by Judge Ivan L.R. Lemelle on 3/16/12. (mmv, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MARTHA SANDS AND JACK SANDS

CIVIL ACTION

VERSUS

NO. 11-2884

WELLS FARGO BANK, N.A.

SECTION B(5)
ORDER

Before the Court is Defendant Wells Fargo Bank, N.A.’s Rule
12(b)(6) Motion to Dismiss (Rec. Doc. No. 5).

Local Rule 7.5 of

the Eastern District of Louisiana as amended and effective February
1, 2011 requires that memoranda in opposition with citations of
authorities be filed and served no later than eight days before the
noticed submission date. No memoranda in opposition to the motion,
set for submission on March 7, 2012, has been submitted.

Further,

no one has filed a motion to continue the noticed submission date
or filed a motion for extension of time within which to oppose the
motion.

Accordingly, the motion is deemed to be unopposed, and,

further, it appearing to the Court that the motion has merit,
IT IS ORDERED that said motion is GRANTED.
A motion for reconsideration of this order based on the
appropriate Federal Rule of Civil Procedure, if any, must be filed
within thirty (30) days of this order.
accompanied

by

opposition

memoranda

to

The motion must be
the

original

motions.

Because such a motion would not have been necessary had timely

opposition memoranda been filed, the costs incurred in connection
with the motion, including attorney's fees, will be assessed
against the party moving for reconsideration.
16, 83.

See Fed. R. Civ. P.

A statement of costs conforming to Local Rule 54.3 shall

be submitted by all parties desiring to be awarded costs and
attorney's fees no later than eight (8) days prior to the noticed
submission date of the motion for reconsideration.
New Orleans, Louisiana, this 16TH day of March, 2012.

______________________________
UNITED STATES DISTRICT JUDGE

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