Clark v. Thibodaux City et al

Filing 19

ORDER AND REASONS: ORDERED that the defendants' 10 , 16 Motions to Dismiss are GRANTED as unopposed, and Clark's claims against Rouses, the City of Thibodeaux, the City of Thibodaux Police Department, and Mayor Tommy Eschete, individually and in his official capacity as Mayor of the City of Thibodaux, are dismissed without prejudice. Signed by Judge Barry W Ashe on 10/1/18. (clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

HARVEY LEE CLARK

CIVIL ACTION

VERSUS

NO. 18-2364

CITY OF THIBODEAUX,
THIBODAUX POLICE DEPARTMENT,
TOMMY ESCHETTE,
TIMOTHY WAYNE LIPSCOMBE,
AND ROUSES ENTERPRISES

SECTION: M (2)

ORDER AND REASONS
On July 16, 2018, defendant Rouses Enterprises (“Rouses”) filed a motion to dismiss for
failure to state a claim, or alternatively, a motion for a more definite statement, which was set for
submission on August 15, 2018. R. Docs. 10 & 10-2. On July 31, 2018, defendants, the City of
Thibodeaux, the City of Thibodaux Police Department, and Mayor Tommy Eschete, individually
and in his official capacity as Mayor of the City of Thibodaux, filed a motion to dismiss for
failure to state a claim, which was set for submission on August 29, 2018. R. Docs. 16 & 16-3.
Local Rule 7.5 of the United States District Court for the Eastern District of Louisiana
requires that a memorandum in opposition to a motion must be filed no later than eight days
before the noticed submission date.

The Court notes that plaintiff Harvey Lee Clark is

proceeding pro se. Although the Court construes pro se filing liberally, pro se parties are still
required to “abide by the rules that govern the federal courts.” E.E.O.C. v. Simbaki, Ltd., 767
F.3d 475, 484 (5th Cir. 2014).

Clark has not filed any memoranda in opposition to the

aforementioned motions to dismiss.
Accordingly, because the motions to dismiss are unopposed, and it appearing to the Court
that the motions have merit,

IT IS ORDERED that the defendants’ motions to dismiss (R. Docs. 10 & 16) are
GRANTED as unopposed, and Clark’s claims against Rouses, the City of Thibodeaux, the City
of Thibodaux Police Department, and Mayor Tommy Eschete, individually and in his official
capacity as Mayor of the City of Thibodaux, are dismissed without prejudice.

New Orleans, Louisiana, this 1st day of October 2018.

________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE