Menes v. United States of America

Filing 8

ORDER AND REASONS: IT IS ORDERED that the 7 motion to dismiss is GRANTED andPlaintiffs claims against United States of America are hereby DISMISSED WITH PREJUDICE. Signed by Judge Ivan L.R. Lemelle on 8/9/2017. (jls)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JORGE MENES

CIVIL ACTION

VERSUS

NO. 17-5019

UNITED STATES OF AMERICA, ET AL

SECTION “B”(1)

ORDER AND REASONS
Before the Court is Defendant United States of America’s
“Motion to Dismiss for Lack of Subject Matter Jurisdiction” (Rec.
Doc. 7),
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 August 9, 2017 have been submitted. No party
has

filed

a

motion

to

continue

the

noticed

August

9,

2017

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 United States of America 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 9th day of August, 2017.

___________________________________
SENIOR UNITED STATES DISTRICT JUDGE

2