Romious et al v. Williams et al

Filing 52

ORDER granting 39 Motion to Dismiss. IT IS ORDERED that Defendants' Motion to Dismiss (Rec. Doc. 39) is hereby GRANTED. All claims asserted by Plaintiffs against Defendants John Bel Edwards and Courtney N. Phillips 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. Signed by Judge Carl Barbier on 2/17/21. (cg)

Case 2:20-cv-02066-CJB-JVM Document 52 Filed 02/17/21 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CARLOS ROMIOUS, ET AL.

CIVIL ACTION

VERSUS

NO: 20-2066

BRIAN WILLIAMS, ET AL.

SECTION: “J”(1)
ORDER

Local Rule 7.5 of the Eastern District of Louisiana requires that memoranda
in opposition to a motion be filed eight (8) days prior to the date set for hearing on the
motion. No acceptable memorandum in opposition to Defendants’ motion to dismiss
pursuant to Federal Rule of Civil Procedure 12(b)(6) (Rec. Doc. 39), set
for submission on February 10, 2021, was submitted. Although Plaintiffs filed a
motion for leave to file excess pages, the motion stipulated that the proposed
memorandum was “at least 75” pages, the opposition was untimely without an
included explanation for the untimeliness, and Plaintiffs failed to attach the
proposed memorandum. (Rec. Doc. 46). Thus, the Court denied Plaintiffs' motion
for leave to file excess pages. (Rec. Doc. 48). Since the Court denied their motion
on February 9, 2021, Plaintiffs have not attempted to file their memorandum
in opposition. Accordingly, Defendants’ motion to dismiss is deemed to be
unopposed. Further, it appearing to the Court that Defendants’ motion has
merit,
IT IS ORDERED that Defendants’ Motion to Dismiss (Rec. Doc. 39) is
hereby GRANTED. All claims asserted by Plaintiffs against Defendants John Bel
Edwards and Courtney N. Phillips are hereby DISMISSED with prejudice.

Case 2:20-cv-02066-CJB-JVM Document 52 Filed 02/17/21 Page 2 of 2

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. The motion must
be accompanied by an opposition memorandum to the original motion. Because such
a motion would not have been necessary had a timely opposition memorandum 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.
New Orleans, Louisiana, this 17th day of February, 2021.

CARL J. BARBIER
UNITED STATES DISTRICT JUDGE