Piediscalzo v. Wendy's International, Inc. et al

Filing 17

ORDER and REASONS granting 7 Motion to Dismiss Party Jeannine Prine for Lack of Prosecution, as stated within document. Signed by Judge Kurt D. Engelhardt on 2/19/2013. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ADINE PIEDISCALZO

CIVIL ACTION

VERSUS

NO. 13-29

WENDY'S INTERNATIONAL, INC.

SECTION “N” (4)

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 to Dismiss for Insufficient Service of Process” (Rec.
Doc. 7).

Further, the Court finds that the motion has merit. Accordingly,
IT IS ORDERED that the above motion is hereby GRANTED, and the claims against
Jeannine Prine are hereby DISMISSED WITHOUT PREJUDICE.
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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