Cheffen v. OFS, Inc. et al

Filing 28

ORDER AND REASONS: IT IS ORDERED that the 14 , 17 , 19 , 21 , 22 motions to dismiss are GRANTED and Plaintiff's claims against Defendants, Packard Pipe, OFS, Inc., Michelle Falgout, Chevron Oil Company, Michelle Williams, WesleyClark, M.D., Jefferson Orthopedic Clinic and Travelers Casualty and Surety Company are hereby DISMISSED WITH PREJUDICE. Signed by Judge Ivan L.R. Lemelle on 6/21/2017. (mmv)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ERIC V. CHEFFEN

CIVIL ACTION

VERSUS

NO. 16-16577

OFS, INC., ET AL

SECTION “B”(1)
ORDER AND REASONS

Before the Court are Defendant Packard Pipe’s “Motion to
Dismiss” (Rec. Doc. 14), Defendants, OFS, Inc., Michelle Falgout
and Chevron Oil Company’s “Motion to Dismiss” (Rec. Doc. 17),
Defendant Michelle Williams’ “Motion to Dismiss” (Rec. Doc. 19),
Defendants Wesley Clark, M.D. and Jefferson Orthopedic Clinic’s
“Motion to Dismiss” (Rec. Doc. 21) and Travelers Casualty and
Surety Company’s “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 motions,
set for submission on June 7, 2017 have been submitted. The Court
granted the Plaintiff an extension from the original May 10, 2017
submission

date

in

order

to

acquire

legal

counsel

and

file

oppositions (Rec. Doc. 24). No party has filed a motion to continue
the noticed June 7, 2017 submission date or filed a motion for
extension of time within which to oppose the motions. Accordingly,

the motions are deemed to be unopposed. It appearing to this Court
that the motions have merit,
IT IS ORDERED that the motions to dismiss are GRANTED and
Plaintiff’s claims against Defendants, Packard Pipe, OFS, Inc.,
Michelle Falgout, Chevron Oil Company, Michelle Williams, Wesley
Clark, M.D., Jefferson Orthopedic Clinic and Travelers Casualty
and Surety Company are hereby DISMISSED WITH PREJUDICE.
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 21st day of June, 2017.

___________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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