Herlitz v. JLG Indus. Inc.

Full title: EDWARD WALKER HERLITZ v. JLG INDUSTRIES, INC.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Jan 25, 2012

CIVIL ACTION NUMBER 10-799-FJP-DLD (M.D. La. Jan. 25, 2012)

Opinion

CIVIL ACTION NUMBER 10-799-FJP-DLD

01-25-2012

EDWARD WALKER HERLITZ v. JLG INDUSTRIES, INC.

FRANK J. POLOZOLA

RULING

This matter is before the Court on the motion to dismiss by the defendant pursuant to Rule 16(f)(1)(C) and Rule 37(b)(2)(A) of the Federal Rules of Civil Procedure.¹ Plaintiff has failed to oppose this motion within 21 days as required by Local Rule 7.5M; therefore, the Court must assume that plaintiff has no opposition to this motion.² Further, the Court finds that the motion should be granted as a matter of fact and law for plaintiff's repeated failure to cooperate with discovery obligations.

1 Rec. Doc. No. 20.

2 5ee Local Rule 7.5M, which requires "[e]ach respondent opposing a motion is required [to] file a response, including opposing affidavits, memorandum, and such supporting documents as are then available, within 21 days after service of the motion."
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Therefore, the motion to dismiss is granted and plaintiff's complaint against the defendant is dismissed with prejudice. Judgment shall be entered accordingly.

Baton Rouge, Louisiana, January 25, 2012.

______________________

FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA