Rising v. Assurant Specialty Property Insurance Company et al

Filing 8

ORDER granting 3 Motion to Dismiss plaintiff's extra-contractual claims. The plaintiff's breach of contract claims remains. Signed by Judge Susie Morgan on 10/31/13. (cbn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CECILE RISING,
Plaintiff

CIVIL ACTION

VERSUS

No. 13-5665

ASSURANT SPECIALTY PROPERTY
INSURANCE COMPANY AND
THE NATIONAL FLOOD
INSURANCE PROGRAM,
Defendants

SECTION “E”

ORDER
Before the Court is defendant Assurant Specialty Property Insurance Company's
("Assurant") Motion to Dismiss plaintiff's extra-contractual claims.1 Assurant's motion was
noticed for submission on October 9, 2013. Local Rule 7.5 requires that memoranda in
opposition to a motion be filed eight days prior to the noticed submission date. Plaintiff
Cecile Rising ("Rising") did not file a timely opposition to Assurant's motion. Instead,
Rising filed a notice stating she has no opposition to Assurant's motion.2
Accordingly, as Assurant's motion is unopposed, IT IS ORDERED that Assurant's
Motion to Dismiss plaintiff's extra-contractual claims be and hereby is GRANTED.
Rising's breach of contract claims remain.

31st
New Orleans, Louisiana, this ____ day of October, 2013.

_____________________________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE

1

R. Doc. 3.

2

R. Doc. 6.

1