Whiticar v. Foster et al

Filing 14

ORDER and REASONS re 6 Motion to Dismiss Party Wanda Newman and 12 Motion to Dismiss for Lack of Jurisdiction. Accordingly, given that the Court has previously indulged Plaintiff Mark Whiticar with a 60-day extension of time to file an opposit ion and his subsequent failure to oppose the instant motions, IT IS ORDERED that the motions are hereby GRANTED in favor of Wanda Newman, Chad Dyer, and Norman Foster. A motion for reconsideration of this Order, if any, must be filed within fourteen (14) days of the date this Order is entered by the Clerk of Court, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 11/17/2016. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MARK WHITICAR

CIVIL ACTION

VERSUS

NO. 16-10419

MR. NORMAN FOSTER, ET AL.

SECTION “N” (1)

ORDER AND REASONS
Local Rule 7.5E of the Eastern District of Louisiana requires that a memorandum in
opposition to a motion be filed and that a copy be provided to the hearing judge eight days prior
to the date set for the motion to submitted. No memoranda in opposition to the following motions
set for submission on October 26, 2016, have been filed to date:
“MOTION TO DISMISS WANDA NEWMAN” (Rec. Doc. 6)
and
“DEFENDANTS’ MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF
CIVIL PROCEDURE 12(B)(1)” (Rec. Doc. 12)
Accordingly, given that the Court has previously indulged Plaintiff Mark Whiticar with a
60-day extension of time to file an opposition and his subsequent failure to oppose the instant
motions, IT IS ORDERED that the motions are hereby GRANTED in favor of Wanda Newman,
Chad Dyer, and Norman Foster.
A motion for reconsideration of this Order, if any, must be filed within fourteen (14) 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

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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 of the motion for reconsideration.
New Orleans, Louisiana, this 17th day of November 2016.

____________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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