Chapa v. Louisiana State et al, No. 2:2019cv13761 - Document 28 (E.D. La. 2020)
Court Description: ORDER AND REASONS granting 16 Motion to Dismiss Party. FURTHER ORDERED that 17 Motion to Dismiss for Failure to State a Claim is granted. FURTHER ORDERED that plaintiff's claims against both defendants Judge William J. Knight and St. Tamm any Parish Government are hereby dismissed. FURTHER ORDERED that any motion for reconsideration of this Order based on the appropriate Federal Rule of Civil Procedure, if any, must be filed within 30 days, as set forth in document. Signed by Judge Ivan L.R. Lemelle on 07/13/2020. (ko)
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Chapa v. Louisiana State et al Doc. 28 Case 2:19-cv-13761-ILRL-JVM Document 28 Filed 07/13/20 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MANUEL CHAPA CIVIL ACTION VERSUS NO. 19-13761 STATE OF LOUISIANA, ET AL. SECTION “B” (1) ORDERS & REASONS Defendants Judge William J. Knight and St. Tammany Parish Government have each filed a motion to dismiss (Rec. Docs. 16, 17) to which plaintiff Manuel Chapa has yet to file a response. Local Rule 7.5 of the Eastern District of Louisiana requires that memoranda in opposition with citations of authorities be filed and served no later than eight (8) days before the noticed submission date. No memoranda in opposition to the subject motions, that were set for submission on June 10, 2020, have been submitted. Further, plaintiff has not filed a motion to continue either of the noticed submission dates or filed a motion for extension of time within which to oppose either motion. Accordingly, the motions are both deemed to be unopposed. Each defendant’s motion to dismiss has merit. Therefore, IT IS ORDERED that defendant Judge William J. Knight’s motion to dismiss pursuant to FRCP 12(b)(1)(&)(6) (Rec. Doc. 16) is hereby GRANTED; Dockets.Justia.com Case 2:19-cv-13761-ILRL-JVM Document 28 Filed 07/13/20 Page 2 of 2 IT IS FURTHER ORDERED that defendant St. Tammany Parish Government’s motion to dismiss pursuant to FRCP 12(b)(5)&(6) (Rec. Doc. 17) is hereby GRANTED; IT IS FURTHER ORDERED that plaintiffs’ claims against both defendants Judge William J. Knight and St. Tammany Parish Government are hereby DISMISSED; IT IS FURTHER ORDERED that any motion for reconsideration of this Order based on the appropriate Federal Rule of Civil Procedure, if any, must be filed within thirty (30) days of this Order. The motion must be accompanied by opposition memoranda to the original motions. Because such a motion would not have been necessary had timely opposition memoranda been filed, the costs incurred in connection with the motion, including attorney's fees, may 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 should be submitted by all parties desiring to be awarded costs and attorney's fees no later than eight (8) days prior to the noticed submission date of the motion for reconsideration. New Orleans, Louisiana this 13th day of July, 2020. ___________________________________ SENIOR UNITED STATES DISTRICT JUDGE
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