Opinion
MDL NO. 07-1873
12-30-2011
In re: FEMA TRAILER FORMALDEHYDE PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO Member Case No. 09-4611, 09-4636
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 "Defendant Forest River Inc.'s Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets" (Rec. Doc. 23838), noticed for submission on December 28, 2011, was filed. Further, it appears to the Court that this motion has merit. Accordingly,
IT IS ORDERED that "Defendant Forest River Inc.'s Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets" (Rec. Doc. 23838) is hereby GRANTED, dismissing with prejudice the claims of the plaintiffs named therein.
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 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 30th day of December 2011.
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KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE