Burds v. Johnson & Johnson Services, Inc. et al

Filing 10

ORDER and REASONS re 9 Motion to Dismiss Claims Not Recognized by the Louisiana Products Liability Act. IT IS ORDERED that the motion (Rec. Doc. 9) is hereby GRANTED to the extent that Plaintiff's claims for negligence pursuant to Article 2315 of the Louisiana Civil Code, as alleged in paragraphs 17 and 18 of his Petition, is DISMISSED WITH PREJUDICE, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 12/2/2015. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JARVIS BURDS

CIVIL ACTION

VERSUS

NO. 15-5052

JOHNSON & JOHNSON SERVICES, INC.

SECTION "N" (4)

ORDER AND REASONS
Presently before the Court is Defendant's "Rule 12(b)(6) Motion to Dismiss Claims
Not Recognized by the Louisiana Products Liability Act" (Rec. Doc. 9). Local Rule 7.5 of the
Eastern District of Louisiana requires that a memorandum in opposition to a contested motion be
filed eight days prior to the date the motion is be taken under submission. No memorandum in
opposition to Defendant's motion, which was set to be taken under submission on November 25,
2015 has been filed to date. Accordingly, given that the motion has not been opposed, IT IS
ORDERED that the motion (Rec. Doc. 9) is hereby GRANTED to the extent that Plaintiff’s claims
for negligence pursuant to Article 2315 of the Louisiana Civil Code, as alleged in paragraphs 17 and
18 of his Petition, is DISMISSED WITH PREJUDICE.
Any motion for reconsideration of the Court's rulings set forth herein must be filed
within fourteen (14) days of the date that this Order is entered by the Clerk of Court and must be
accompanied by an opposition memorandum to Defendant's original motion to dismiss.
Additionally, because a motion for reconsideration would not have been necessary had a timely
opposition memorandum been filed, all costs incurred in connection with the Defendant's 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
submission date of any motion for reconsideration that is filed.
New Orleans, Louisiana, this 2nd day of December 2015.

__________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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