Cain v. McCullough et al

Filing 25

ORDER and REASONS granting 20 Motion for Partial Summary Judgment, 22 Motion for Evidentiary Hearing to Exclude Expert Testimony of Plaintiff's Accident Reconstruction Specialist and 24 Motion for Evidentiary Hearing to Exclude Photographs, as stated within document. Signed by Judge Kurt D Engelhardt on 11/9/2012. (CAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
TABITHA CAIN

CIVIL ACTION

VERSUS

NO. 12-04

DOUGLAS McCULLOUGH, ET AL

SECTION “N” (3)

ORDER AND REASONS
In accordance with this Court’s Order of February 9, 2012 (Rec. Doc. 3), the Local Rules
of the Eastern District of Louisiana apply to this matter. Local Rule 7.5 of the Eastern District of
Louisiana requires that a memorandum in opposition to a motion be filed eight days prior to the
noticed submission date. No memoranda in opposition to the following motions, noticed for
submission on November 14, 2012, were timely filed:
(1) the “Motion for Partial Summary Judgment” (Rec. Doc. 20), filed
by the defendants;
(2) the “Motion to Exclude Expert Testimony of Plaintiff’s Accident
Reconstruction Specialist” (Rec. Doc. 22), filed by the defendants; and
(3) the “Motion to Exclude Photographs” (Rec. Doc. 24), filed by the
defendants.
Further, the Court finds that the motions have merit. Accordingly,
IT IS ORDERED that each of the above motions is hereby GRANTED.

A motion for reconsideration of this Order, if any, must be filed within twenty-eight days
of the date this Order is entered by the Clerk of Court. The motion must be accompanied by
opposition memorandum to the original motion. Because a motion for reconsideration would not
have been necessary had a timely opposition memorandum been filed, the costs incurred in
connection with the motion, including attorneys' fees, will be assessed against the party moving
for reconsideration. See FED. R. CIV. P. 16, 83. A statement of costs conforming to Local Rule
54.3 shall be submitted by all parties desiring to be awarded costs and attorneys’ fees no later
than eight days prior to the hearing on the motion for reconsideration.
New Orleans, Louisiana, this 9th day of November 2012.

______________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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