Chauvin v. National Gypsum Service Company et al

Filing 29

ORDER and REASONS - IT IS ORDERED that Defendant's Rule 12(b)(6) Motion to Dismiss or, in the Alternative, Motion for Summary Judgment (Rec. Doc. 27) is hereby GRANTED, and the plaintiff's claims are hereby DISMISSED. A motion for reconsideration of this Order, if any, must be filed within ten (10) days of the date this Order is entered by the Clerk of Court, as stated within document. Signed by Judge Kurt D. Engelhardt on 6/13/2014. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
TONY CHAUVIN

CIVIL ACTION

VERSUS

NO. 13-5781

NATIONAL GYPSUM SERVICE
STATE OF LOUISIANA, ET AL

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 May 28, 2014, was filed:

"Defendant’s Rule 12(b)(6) Motion to Dismiss or, in the
Alternative, Motion for Summary Judgment" (Rec. Doc.
27).

Further, the Court finds that the motion has merit. Accordingly;
IT IS ORDERED that Defendant's Rule 12(b)(6) Motion to Dismiss or, in the
Alternative, Motion for Summary Judgment (Rec. Doc. 27) is hereby GRANTED, and the
plaintiff’s claims are hereby DISMISSED.
A motion for reconsideration of this Order, if any, must be filed within ten (10) 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 13th day of June, 2014.

______________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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