Howard v. State Farm Mutual Automobile Insurance Company, No. 2:2009mc06451 - Document 6 (E.D. La. 2009)
Court Description: ORDER and REASONS - IT IS ORDERED that the United States' Motion to Quash Subpoena and Dismiss case Without Prejudice 5 should be and is hereby GRANTED. Thus, the subpoena is quashed and this case is dismissed without prejudice for lack of subject matter jurisdiction as stated within document. Signed by Judge Kurt D. Engelhardt on 10/21/09. (cab)
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Howard v. State Farm Mutual Automobile Insurance Company Doc. 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERONICA HOWARD, ET AL. CIVIL ACTION VERSUS NO. 09-6451 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY SECTION “N” (1) ORDER AND REASONS Local Rule 7.5E of the Eastern District of Louisiana requires that a memorandum in opposition to a motion be filed and that a copy be delivered to chambers eight days prior to the date set for hearing of the motion. No memorandum in opposition to the United States’ Motion to Quash Subpoena and Dismiss case Without Prejudice (Rec. Doc. 5), set for hearing on October 21, 2009, was filed. Further, it appears to the Court that this motion has merit. Accordingly, IT IS ORDERED that the United States’ Motion to Quash Subpoena and Dismiss case Without Prejudice (Rec. Doc. 5) should be and is hereby GRANTED. Thus, the subpoena is quashed and this case is dismissed without prejudice for lack of subject matter jurisdiction. A motion for reconsideration of this Order, if any, must be filed within ten 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. Dockets.Justia.com 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 of the motion for reconsideration. New Orleans, Louisiana, this 21st day of October 2009. _______________________________ KURT D. ENGELHARDT United States District Judge 2
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