Boutwell et al v. Time Insurance Company

Filing 48

ORDER granting 43 Motion to Strike Certain Portions of Plaintiffs' Amended Complaint. Signed by District Judge Carlton W. Reeves on 10/31/2013. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
MARK BOUTWEL L and
DAWN BOUTWELL

PLAINTIFF

v.

Cause No. 3:11-CV-689-CWR-LRA

TIME INSURANCE COMPANY d/b/a
ASSURANT

DEFENDANT

ORDER
Pending before the Court is Time Insurance Company’s Motion to Strike Certain Portions
of Plaintiffs' Amended Complaint filed on March 19, 2013. Docket No. 43. Plaintiff failed to file
a response on or before April 5, 2013, the required due date. On September 30, 2013, on its own
motion, the Court granted Plaintiffs an extension of up to seven days, or October 7, in which to
file a response. As of this date, however, Plaintiffs have yet to respond.
The Court's Local Uniform Civil Rules state, “[i]f a party fails to respond to any motion,
other than a dispositive motion, within the time allotted, the court may grant the motion as
unopposed.” L.U.Civ.R. 7(b)(3)(E). See also, Montgomery v. CitiMortgage, Inc., 2013 WL
3421987 (S.D. Miss. July 8, 2013) (granting Defendant’s motion to strike as unopposed because
the plaintiffs “failed to file their response or request a filing extension” by their due date.).
Accordingly, pursuant to L.U.Civ.R. 7(b)(3)(E), Defendant Time Insurance Company’s Motion
to Strike Certain Portions of Plaintiffs’ Amended Complaint is granted as unopposed.
SO ORDERED, this the 31st day of October, 2013.
s/ Carlton W. Reeves
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UNITED STATES DISTRICT JUDGE