Hester v. Landrieu et al

Filing 16

ORDER and REASONS - IT IS ORDERED that the JCC's Motion to Dismiss for Failure to State a Claim 6 and Marlin Gusman's Motion for Rule 12(c) Judgment on the Pleadings 15 are hereby GRANTED, for substantially the reasons stated by the mov ants in their supporting memoranda (Rec. Docs. 6-1, 15-1), and the plaintiff's claims against the Jewish Community Center and against Marlin N. Gusman, individually and in his capacity as Sheriff of Orleans Parish, are hereby DISMISSED. IT IS FU RTHER ORDERED that the plaintiff shall have twenty (20) days from entry of this Order in which to amend her complaint, as set forth within document. Signed by Judge Kurt D. Engelhardt on 7/17/2014. (cc: Plaintiff via email at [e-mail]) (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SANDRA WHEELER HESTER

CIVIL ACTION

VERSUS

NO. 13-5391

MITCHELL J. LANDRIEU, ET AL

SECTION “N” (2)

ORDER AND REASONS
Before the Court are the following motions: (1) the Jewish Community Center's Motion
to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted (Rec. Doc. 6); and
(2) a Motion for Rule 12(c) Judgment on the Pleadings, filed by defendant Marlin N. Gusman,
Sheriff of Orleans Parish (Rec. Doc. 15).
As this Court has reminded the parties in this case (see Rec. Docs. 8, 12), Local Rule 7.5
of the Eastern District of Louisiana requires that a written memorandum in opposition to a
motion be filed at least eight days prior to the noticed submission date. Although the instant
motions have been pending for several weeks,1 no memorandum has been filed in opposition to
either of the motions. Further, the Court has carefully reviewed the motions and found them to
have merit.
As to the Jewish Community Center ("JCC"), the Court cannot see how any attempt to
amend the allegations would not be futile. Thus, as to the JCC, the plaintiff may amend her
complaint only by first filing (within the deadline set forth below) a motion for leave to amend

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The Jewish Community Center's Motion to Dismiss was noticed for submission on
April 30, 2014, and Sheriff Gusman's Motion for Judgment on the Pleadings was noticed for
May 28, 2014.

demonstrating that she can in good faith assert specific factual allegations making out a plausible
claim of conspiracy against the JCC. As to the Orleans Parish Sheriff, or employees thereof, the
plaintiff may amend her allegations within the deadline set forth below, to cure the deficiencies
set forth in the Sheriff's motion (Rec. Doc. 15-1), if she can in good faith do so. In so ruling, the
Court expressly makes no findings at this time as to the propriety or timeliness of any possible
future amended allegations against individual employees of the Orleans Parish Sheriff.
Accordingly;
IT IS ORDERED that the JCC's Motion to Dismiss for Failure to State a Claim (Rec.
Doc. 6) and Marlin Gusman's Motion for Rule 12(c) Judgment on the Pleadings (Rec. Doc. 15)
are hereby GRANTED, for substantially the reasons stated by the movants in their supporting
memoranda (Rec. Docs. 6-1, 15-1), and the plaintiff's claims against the Jewish Community
Center and against Marlin N. Gusman, individually and in his capacity as Sheriff of Orleans
Parish, are hereby DISMISSED.
IT IS FURTHER ORDERED that the plaintiff shall have twenty (20) days from entry
of this Order in which to amend her complaint, as set forth above.
New Orleans, Louisiana, this 17th day of July, 2014.

___________________________________
KURT D. ENGELHARDT
United States District Judge

Clerk to Copy
Plaintiff via email at: [e-mail]
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