United States, et al v. City of Baton Rouge, et al

Filing 32

RULING and ORDER: The 29 motion for reconsideration is GRANTED, and IT IS ORDERED that the MJ's Order of 4/2/2012 be vacated. FURTHER ORDERED that the Intervenor Complaint be stricken from the record. FURTHER ORDERED that the govt's pro posed opposition to the motion to intervene be filed into the record and this matter be referred back to the MJ for consideration of the second motion to intervene in light of the opposition, doc 24. FURTHER ORDERED that the pending appeal to the district court be terminated as moot. Signed by Chief Judge Brian A. Jackson on 4/16/2012. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

UNITED STATES OF AMERICA and
STATE OF LOUISIANA

CIVIL ACTION

VERSUS
NO. 01-978-BAJ-CN
CITY OF BATON ROUGE and
PARISH OF EAST BATON ROUGE

RULING AND ORDER
Before the Court is a motion for reconsideration of an order of the Magistrate
Judge, which granted a motion for intervention (doc. 29). Also before the Court is
an appeal of the Magistrate Judge’s decision to grant the motion for intervention
(doc. 31).
In support of the motion for reconsideration, the United States argues that the
ruling was premature and that the government intended to file a timely opposition
to the motion (doc. 29). Local Rule 7.4 provides, in pertinent part, that “[e]ach
respondent opposing a motion shall file a response, including opposing affidavits,
memorandum, and such supporting documents as are then available, within 21
days after service of the motion.” A review of the record demonstrates that the
second motion for intervention was filed on March 13, 2012 (doc. 24) and that the
motion was granted on April 2, 2012 (doc. 27). Thus, the motion was granted
before expiration of the deadline for the filing of an opposition.

Accordingly, the motion for reconsideration (doc. 29) is GRANTED, and IT IS
ORDERED that the Magistrate Judge’s Order of April 2, 2012 (doc. 27) be vacated.
IT IS FURTHER ORDERED that the Intervenor Complaint (doc. 28) be
stricken from the record.
IT IS FURTHER ORDERED that the government’s proposed opposition to the
motion to intervene be filed into the record and that this matter be referred back to
the Magistrate Judge for consideration of the second motion to intervene in light of
the opposition (doc. 24).
IT IS FURTHER ORDERED that the pending appeal to the district court be
terminated as moot.
Baton Rouge, Louisiana, April 16, 2012.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

2