Baricuatro et al v. Industrial Personnel and Management Services, Inc. et al, No. 2:2011cv02777 - Document 310 (E.D. La. 2013)

Court Description: ORDER and REASONS granting 304 Motion for Leave to File Fourth Amended Class and Collective Action Complaint. Signed by Judge Kurt D. Engelhardt on 2/19/2013. (cbs) Modified on 2/19/2013 to edit document type (cbs).

Download PDF
Baricuatro et al v. Industrial Personnel and Management Services, Inc. et al Doc. 310 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ISIDRO BARICUATRO, ET AL CIVIL ACTION VERSUS NO. 11-2777 INDUSTRIAL PERSONNEL AND MANAGEMENT SERVICES, INC., ET AL SECTION “N” (2) 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 February 20, 2013, was filed: “Motion for Leave to File Fourth Amended Complaint to Add Additional Parties Plaintiff Pursuant to FRCP 15, FRCP 21, and FRCP 20(a)” (Rec. Doc. 304). Accordingly, IT IS ORDERED that the above motion is hereby GRANTED. With regard to the newly added plaintiffs’ FLSA claims, the amendment shall not relate back to the date of the original complaint. 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 Dockets.Justia.com 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 19th day of February, 2013. ____________________________________ 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.