Tran v. Molina Medicaid Solutions

Filing 29

ORDER AND REASONS: IT IS ORDERED that the 22 motion to dismiss is GRANTED and Plaintiff's, claims against Defendant, Molina Information Systems, LLC d/b/a Molina Medicaid Solutions are hereby DISMISSED WITH PREJUDICE. Signed by Judge Ivan L.R. Lemelle on 3/20/2017. (mmv)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA
EX REL. JAMES T. TRAN, MD, CORP

CIVIL ACTION

VERSUS

NO. 16-2209

MOLINA MEDICAID SOLUTIONS

SECTION “B”(4)

ORDER AND REASONS
Before the Court is Defendant's, Molina Information Systems,
LLC d/b/a Molina Medicaid Solutions “Motion to Dismiss” (Rec. Doc.
22). Local Rule 7.5 of the Eastern District of Louisiana requires
that memoranda in opposition with citations of authorities be filed
and

served

no

later

than

eight

(8)

days

before

the

noticed

submission date. No memoranda in opposition to the instant motion,
set for submission on December 20, 2016, have been submitted.
Further, this Court on December 19, 2016 (Rec. Doc. 28) gave the
Plaintiff until February 1, 2017 to file an answer. No party has
filed a motion to continue the noticed submission date or filed a
motion for extension of time within which to oppose the motion.
Accordingly, the motion is deemed to be unopposed. It appearing to
this Court that the motion has merit,
IT IS ORDERED that the motion to dismiss is GRANTED and
Plaintiff’s, claims against Defendant, Molina Information Systems,
LLC d/b/a Molina Medicaid Solutions are hereby DISMISSED WITH
PREJUDICE.

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A motion for reconsideration of this Order based on the
appropriate Federal Rule of Civil Procedure, if any, must be filed
within

thirty

(30)

days

of

this

Order.

The

motion

must

be

accompanied by opposition memoranda to the original motion.
Because such a motion would not have been necessary had timely
opposition memoranda been filed, the costs incurred in connection
with the motion, including attorney's 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
attorney's fees no later than eight (8) days prior to the noticed
submission date of the motion for reconsideration.

New Orleans, Louisiana, this 20th day of March, 2017.

___________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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