Parks v. Terrebonne Parish Consolidated Government et al

Filing 62

ORDER AND REASONS: IT IS ORDERED that 61 Motion for Judgment on the Pleadings is hereby GRANTED as unopposed. The plaintiffs claims against Alere are hereby dismissed. Signed by Judge Martin L.C. Feldman on 3/17/2017. (ajn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TERRY ALLEN PARKS

CIVIL ACTION

v.

NO. 16-15466

TERREBONNE PARISH
CONSOLIDATED GOVERNMENT, ET AL.

SECTION "F"

ORDER AND REASONS

Local Rule 7.5 of the Eastern District of Louisiana requires
that memoranda in opposition to a motion be filed eight days prior
to the noticed submission date.

No memoranda in opposition to

Alere Toxicology Services, Inc.’s motion for judgment on the
pleadings, noticed for submission on March 22, 2017, has been
submitted.
Accordingly, because the motion is unopposed, and further, it
appearing to the Court that the motion has merit, 1 IT IS ORDERED:

Because the plaintiff advances nearly identical allegations
against Alere as he advanced against another private entity
defendant, Multi-Management Services, Inc. (MMSI), Alere advances
the same grounds for dismissal as advanced by MMSI.
By prior
motion, MMSI moved to dismiss for failure to state a claim the
plaintiff’s claims against it on the grounds that the plaintiff
failed
to
allege
either
Fourth
or
Fourteenth
Amendment
constitutional violations, and that the plaintiff failed to allege
1
1

that Alere’s motion for judgment on the pleadings is hereby GRANTED
as unopposed.

The plaintiff’s claims against Alere are hereby

dismissed.
New Orleans, Louisiana, March 17th 2017
___,

________________________
MARTIN L.C. FELDMAN
U.S. DISTRICT JUDGE

that MMSI was a state actor or that its private action was fairly
attributable to the state. On February 22, 2017, the Court granted
MMSI’s motion to dismiss the plaintiff’s claims against it. The
same legal standard applicable to Rule 12(b)(6) motions applies to
Rule 12(c) motions. Doe v. MySpace, Inc., 285 F.3d 413, 418 (5th
Cir. 2008).
For the same reasons articulated in the February 22,
2017 Order and Reasons granting MMSI’s motion to dismiss, Alere
has shown that the plaintiff’s claims against it fail as a matter
of law.
2