Fruge et al

Filing 16

RULING granting 12 Motion to Dismiss for Lack of Subject matter jurisdiction filed by Hartford Fire Insurance Company. Any response to this ruling, based on the appropriate FRCP shall be filed within 7 days and must be accompanied by an opposition memorandum to the original motion. On review of the pleadings filed along with the opposition, the court, at its discretion, may assess costs, including attorneys fees, against the moving party, if the court deems that such a motion was unnecessary had a timely opposition memorandum been filed. See FRCP 16, 83. A statement of costs conforming to L.R. 54.3 shall be submitted by all parties desiring to be awarded costs and attorneys fees no later than 7 days after the filing of any motion. Signed by Chief Judge Ralph E. Tyson on 5/4/2011. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

RICK FRUGE

CIVIL ACTION

VERSUS
HARTFORD FIRE INSURANCE CO.,
MARKETTECHTS MEDIA, LLC AND
RICHARD LEECE

NO. 10-498-RET

RULING AND ORDER
Local rule 7.4 of the Middle District of Louisiana requires that memoranda in
opposition to a motion be filed within twenty-one (21) days after service of the
motion. The rule provides as follows:
LR 7.4 Response and Memorandum
Each 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.
Memoranda shall contain a concise statement of reasons in opposition
to the motion, and a citation of authorities upon which the respondent
relies. For good cause appearing therefor, a respondent may be
required to file a response and supporting documents, including
memoranda, within such shorter or longer period of time as the court
may order, upon written ex parte motion served on all parties.
The Motion to Dismiss for Lack of Subject matter Jurisdiction (Doc. No. 12)
filed by defendant, Hartford Fire Insurance Company, in the present case was filed
September 16, 2010, and the certificate of service verifies that a copy of the pleading
was mailed electronically by the Clerk of Court to all parties who have registered to

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receive electronic notification and delivered either by facsimile, by hand delivery, or
by placing same in the U.S. Mail, properly addressed and postage prepaid to all
counsel of record and those represented in forma pauperis who are not registered
to receive notice electronically, on September 16, 2010. Even allowing for slow mail
travel, more than twenty-one days have elapsed since the service of this motion, and
no memorandum in opposition to the motion has been submitted.
Accordingly, this motion is deemed to be unopposed, and further, after
reviewing the record, the court finds that the motion has merit. Defendant has set
forth sufficient evidence showing that plaintiff was an employee of Market Tech
Media Corporation and that plaintiff was in the course and scope of his employment
at the time of the accident. Further, defendant has shown that plaintiff’s exclusive
remedy is provided by Louisiana Worker’s Compensation Act. Plaintiff’s amended
complaint does not set forth any allegations sufficient to invoke the intentional tort
exception to the Louisiana Worker’s Compensation Act. Plaintiff has not submitted
any evidence and/or argument to contradict defendant’s evidence. Therefore,
IT IS ORDERED that the defendant’s Motion to Dismiss for Lack of Subject
Matter Jurisdiction is hereby GRANTED.
Any response to this ruling, based on the appropriate Federal Rule of Civil
Procedure shall be filed within seven days and must be accompanied by an
opposition memorandum to the original motion.
On review of the pleadings filed along with the opposition, the court, at its
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discretion, may assess costs, including attorney’s fees, against the moving party, if
the court deems that such a motion was unnecessary had a timely opposition
memorandum been filed. See Fed. R. Civ. P. 16, 83. A statement of costs
conforming to L.R. 54.3 shall be submitted by all parties desiring to be awarded
costs and attorney’s fees no later than seven (7) days after the filing of any motion.
Baton Rouge, Louisiana, this 4th day of May, 2011.

7

RALPH E. TYSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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