Cooper v. Bolton et al

Filing 81

ORDER and REASONS granting 66 Motion to Dismiss with Prejudice Amended Complaint as to Defendant Constellation Investment Consulting Corporation, as stated within document. Signed by Judge Kurt D. Engelhardt on 12/20/2013. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

SEAN C. COOPER

CIVIL ACTION

VERSUS

NO. 12-2934

GEORGE BOLTON,
WESTEND CAPITAL MANAGEMENT, LLC,
CHRISTEN HARDY and CONSTELLATION
INVESTMENT CONSULTING CORPORATION

SECTION "N" (3)

ORDER AND REASONS
Presently before the Court is a “Motion to Dismiss with Prejudice Amended
Complaint as to Defendant Constellation Investment Consulting Corporation” (Rec. Doc. 66).
Having considered the parties’ submissions, IT IS ORDERED that the motion is GRANTED.
Accordingly, IT IS FURTHER ORDERED that the claims filed by Plaintiff, Sean C. Cooper,
against Constellation Investment Consulting Corporation are DISMISSED WITH PREJUDICE.
Although Plaintiff asks that his claims against Constellation merely be dismissed without prejudice,
it has been almost four months since the Court previously dismissed Plaintiff’s claims without
prejudice to his right to file an amending and superseding complaint. See August 26, 2013 Order
and Reasons (Rec. Doc. 59). During that time period, Plaintiff has not sought to file the necessary
amendment. Given that, the Court declines to again order dismissal without prejudice.
New Orleans, Louisiana, this 20th day of December 2013.

_________________________________
KURT D. ENGELHARDT
United States District Judge