Opinion
CIVIL ACTION 19-496-SDD-RLB
06-12-2020
JANICE DRAWHORN-DAVIS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL.
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 Rule 12(c) Motion for Judgment on the Pleadings was electronically filed by Defendants, State Farm Mutual Automobile Insurance Company and Yusuf Atkins, Sr., individually and on behalf of, Yusuf Atkins, Jr., ("Defendants") on April 17, 2020. A review of the record shows that an opposition was due on May 8, 2020; thus, well 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, Janice Drawhorn-Davis ("Plaintiff") has not sought an extension of time to oppose this motion.
Rec. Doc. No. 19. The motion alternatively seeks relief based on misjoinder pursuant to Rule 12(h)(2).
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. Accordingly,
IT IS HEREBY ORDERED that the Rule 12(c) Motion for Judgment on the Pleadings is GRANTED, and these Defendants shall be dismissed WITH PREJUDICE.
Rec. Doc. No. 19. The motion alternatively seeks relief based on misjoinder pursuant to Rule 12(h)(2). --------
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.
IT IS SO ORDERED.
Baton Rouge, Louisiana, this 12th day of June, 2020.
/s/ _________
SHELLY D. DICK
CHIEF DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA