Brock v. Recreation By Design, LLC et al, No. 2:2009cv05847 - Document 3 (E.D. La. 2011)

Court Description: ORDER AND REASONS granting MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Ora Brock and Ora Brock obo Lionel Brock, by Recreation by Design, LLC. FURTHER O RDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011. (filed in master case 07md1873, doc #23389) (blg)

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Brock v. Recreation By Design, LLC et al Doc. 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA In Re: FEMA TRAILER FORMALDEHYDE PRODUCTS LIABILITY LITIGATION MDL NO. 07-1873 SECTION “N” (5) THIS DOCUMENT RELATES TO Member Case No. 09-5847 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 memoranda in opposition to the “Motion to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32 and 88 Relating to Plaintiff Fact Sheets,” filed by defendant Recreation By Design, LLC (Rec. Doc. 23080), noticed for submission on November 2, 2011, was filed. Further, it appears to the Court that this motion has merit. Accordingly, IT IS ORDERED that the “Motion to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32 and 88 Relating to Plaintiff Fact Sheets” (Rec. Doc. 23080), filed by defendant Recreation By Design, LLC, is hereby GRANTED, dismissing with prejudice the claims of the plaintiffs Ora Brock and Ora Brock on behalf of Lionel Brock. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, ¶¶ (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable Dockets.Justia.com to this particular instance. 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 of the motion for reconsideration. New Orleans, Louisiana, this 2nd day of November 2011. ______________________________________ KURT D. ENGELHARDT UNITED STATES DISTRICT JUDGE 2

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