Stewart et al v. Balboa Insurance Company, No. 2:2007cv08809 - Document 5 (E.D. La. 2012)

Court Description: ORDER and REASONS granting 4 Motion to Dismiss, as stated within document. Signed by Judge Kurt D. Engelhardt on 11/28/2012. (cab)

Download PDF
Stewart et al v. Balboa Insurance Company Doc. 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CHARLENA STEWART, ET AL CIVIL ACTION VERSUS NO. 07-8809 BALBOA INSURANCE CO. SECTION “N” (4) ORDER AND REASONS 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 memorandum in opposition to the following motion, noticed for submission on November 28, 2012, was filed: “Motion of Balboa Insurance Company to Dismiss” (Rec. Doc. 4). Further, the Court finds that the motion has merit. Accordingly, IT IS ORDERED that the above motion is hereby GRANTED, and the plaintiffs’ claims against Balboa Insurance Company are hereby DISMISSED. 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 Dockets.Justia.com 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 28th day of November 2012. ______________________________________ KURT D. ENGELHARDT UNITED STATES DISTRICT JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.