Herlitz v. JLG Industries, Inc.

Filing 21

RULING granting 20 Motion to Dismiss and pltfs complaint against the deft is dismissed with prejudice. Signed by Judge Frank J. Polozola on 1/25/2012. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

EDWARD WALKER HERLITZ
CIVIL ACTION
VERSUS
NUMBER 10-799-FJP-DLD
JLG INDUSTRIES, INC.

RULING
This matter is before the Court on the motion to dismiss by
the defendant pursuant to Rule 16(f)(1)(C) and Rule 37(b)(2)(A) of
the Federal Rules of Civil Procedure.1

Plaintiff has failed to

oppose this motion within 21 days as required by Local Rule 7.5M;
therefore, the Court must assume that plaintiff has no opposition
to this motion.2

Further, the Court finds that the motion should

be granted as a matter of fact and law for plaintiff’s repeated
failure to cooperate with discovery obligations.
Therefore, the motion to dismiss is granted and plaintiff’s

1

Rec. Doc. No. 20.

See Local Rule 7.5M, which requires “[e]ach respondent
opposing a motion is required [to] file a response, including
opposing affidavits, memorandum, and such supporting documents as
are then available, within 21 days after service of the motion.”
2

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complaint against the defendant is dismissed with prejudice.
Judgment shall be entered accordingly.
Baton Rouge, Louisiana, January 25, 2012.

9
FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

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