Thomas v. State Farm Fire and Casualty Company

Filing 16

ORDER AND REASONS granting 12 Motion to Dismiss for Failure to State a Claim. Thomas's claims against State Farm Fire and Casualty Company are dismissed with prejudice. Signed by Judge Darrel James Papillion on 03/26/2024. (ko)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
EMILY THOMAS

CIVIL ACTION

VERSUS

NO. 23-4209

STATE FARM FIRE AND
CASUALTY COMPANY

SECTION: “P” (1)
ORDER AND REASONS

Before the Court is a motion to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(6) for failure to state a claim upon which relief can be granted filed by defendant State Farm
Fire and Casualty Company (“State Farm”). 1 The motion was set for submission on March 6,
2024. 2 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 be filed no later than eight days before the
noticed submission date, making the deadline in this instance February 27, 2024. Plaintiff Emily
Thomas (“Thomas”), who is represented by counsel, did not file an opposition to the motion.
Accordingly, because the motion is unopposed and appears to have merit, 3
IT IS ORDERED that State Farm’s motion to dismiss (R. Doc. 12) is GRANTED, and
Thomas’s claims against it are DISMISSED WITH PREJUDICE.
New Orleans, Louisiana, this 26th day of March 2024.

__________________________________________
DARREL JAMES PAPILLION
UNITED STATES DISTRICT JUDGE

R. Doc. 12.
R. Doc. 12-4.
3
Thomas filed this case against State Farm alleging breach-of-contract and bad-faith causes of action related to the
adjustment of her homeowners insurance claim for property damage caused by Hurricane Ida. R. Doc. 1. Dover Bay
Specialty Insurance Company is listed on the policy as Thomas’s homeowners insurance carrier. R. Doc. 12-2. Thus,
because State Farm is not a party to the contract at issue, Thomas’s claims against it must be dismissed.
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