C&G Welding, Inc. v. Garner

Filing 10

ORDER AND REASONS GRANTING 9 Motion to Dismiss, without Prejudice, as set forth in document. Signed by Judge Ivan L.R. Lemelle on 8/23/2017. (jls)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
C&G WELDING, INC.

CIVIL ACTION

VERSUS

NO. 17-3786

CHRISTOPHER GARNER

SECTION "B"(5)
ORDER AND REASONS

Before the Court is Defendant Christopher Garner’s “Motion to
Dismiss.” Rec. Doc. 9. The motion was set for submission on August
23, 2017. Pursuant to Local Rule 7.5, Plaintiff’s memorandum in
opposition was due on or before August 15, 2017. No memorandum in
opposition has been filed. Further, no party filed a motion to
continue the noticed submission date or a motion for extension of
time within which to oppose the motion. Thus, the motion is deemed
to be unopposed. It further appearing to the Court that the motion
has merit,
IT IS ORDERED that the motion (Rec. Doc. 9) is GRANTED. All
of Plaintiff’s claims against Defendant Christopher Garner are
hereby

DISMISSED

WITHOUT

PREJUDICE

pursuant

to

the

“case

or

controversy” requirement in Article III, Section 2 of the United
States Constitution and 28 U.S.C. § 2201(a).
A

motion

for

reconsideration,

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
an opposition memorandum to the original motion. Because such a

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motion would not have been necessary had a timely opposition
memorandum been filed, the costs incurred in connection with the
motion, including attorneys’ fees, may be assessed against the
party moving for reconsideration. See FED. R. CIV. P. 16, 83. A
statement of costs and fees conforming to Local Rules 54.2 and
54.3 shall be submitted by all parties desiring to be awarded costs
and attorneys’ fees no later than eight (8) days prior to the
noticed submission date of the motion for reconsideration.
New Orleans, Louisiana, this 23rd day of August, 2017.

___________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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