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Irving v. Georgia-Pacific Corporation, 18-932-SDD-EWD. (2019)

Court: District Court, M.D. Louisiana Number: infdco20190313a18
Filed: Mar. 12, 2019
Latest Update: Mar. 12, 2019
Summary: RULING SHELLY D. DICK , District Judge . Local Rule 7(f) of the Middle District of Louisiana requires that memoranda in opposition to a motion be filed within twenty-one (21) days after service of the motion. In the present case, a 12(B)(6) Motion to Dismiss 1 was electronically filed by Defendant, Kelvin Hill ("Hill") on January 7, 2019. A review of the record shows that far more than twenty-one (21) days have elapsed since the filing of this motion, and no memorandum in opposition ha
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RULING

Local Rule 7(f) of the Middle District of Louisiana requires that memoranda in opposition to a motion be filed within twenty-one (21) days after service of the motion.

In the present case, a 12(B)(6) Motion to Dismiss1 was electronically filed by Defendant, Kelvin Hill ("Hill") on January 7, 2019. A review of the record shows that far more than twenty-one (21) days have elapsed since the filing of this motion, and no memorandum in opposition has been submitted to date. Further, the record reveals that Plaintiff has not sought an extension of time to oppose Hill's motion.

Therefore, this Motion is deemed to be unopposed and further, after reviewing the record, the Court finds that the Motion has merit as a matter of law. Indeed, individual employees are not subject to personal liability under Title VII.2 Accordingly,

IT IS HEREBY ORDERED that the 12(B)(6) Motion to Dismiss3 is GRANTED, and Kelvin Hill is dismissed from this action WITH PREJUDICE.

Any response to this Ruling explaining the failure to comply with the deadline, based on the appropriate Federal Rule of Civil Procedure, shall be filed within fourteen (14) days and must be accompanied by an opposition memorandum to the original Motion.

On review of the pleadings filed along with the opposition, the Court, at its discretion, may assess costs, including attorney's fees, against the moving party, if the Court deems that such a motion was unnecessary had a timely opposition memorandum been filed.4 A statement of costs conforming to L.R. 54(c) shall be submitted by all parties desiring to be awarded costs and attorney's fees no later than seven (7) days prior to the hearing on the newly filed motion.

IT IS SO ORDERED.

FootNotes


1. Rec. Doc. 7.
2. Muthukumar v. Kiel, 478 F. App'x 156, 158 (5th Cir. 2012)(quoting Smith v. Amedisys Inc., 298 F.3d 434, 448 (5th Cir. 2002)); see also Payne v. Univ, of S. Mississippi, 681 F. App'x 384, 389 (5th Cir. 2017).
3. Rec. Doc. 7.
4. See Fed. R. Civ. P. 16, 83.
Source:  Leagle

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