Thomas v. ABC Insurance Company et al

Filing 5

ORDER AND REASONS GRANTING 4 Motion for More Definite Statement. IT IS FURTHER ORDERED that the Plaintiff amend his pleadings by August 18, 2017 as set forth in document. Signed by Judge Ivan L.R. Lemelle on 8/1/2017. (jls)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JAMAL THOMAS

CIVIL ACTION

VERSUS

NO. 17-6097

ABC INSURANCE COMPANY, ET AL

SECTION “B”(3)

ORDER AND REASONS
Before the Court is Defendant's, Rain CII Carbon LLC “Motion
for More Definite Statement Pursuant to Rule 12(e) of the Federal
Rules of Civil Procedure” (Rec. Doc. 4). 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 July 19, 2017, have been submitted. Further, no party has filed
a motion to continue the noticed 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 for a more definite statement
is GRANTED.
IT IS FURTHER ORDERED that the Plaintiff amend his pleadings
by August 18, 2017 and (1) describe and identify the alleged
hazardous and dangerous condition on the Defendant’s property that

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alleged caused his injury; (2) the alleged defect to which he
alleges he should have received notice; and (3) the nature and
location of his alleged physical injuries suffered as a result of
the event on May 26, 2016.
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, may 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 1st day of August, 2017.

___________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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