Opinion

Winston v. Housing Authority of Jefferson Parish

Court
District Court, E.D. Louisiana
Filed
Jan 25, 2022
Cited by
0 cases
Authority
More cited than 22.3%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

NADIA WINSTON CIVIL ACTION

VERSUS CASE NO. 21-454

JEFFERSON PARISH HOUSING SECTION: “G”

AUTHORITY, ET AL.

ORDER AND REASONS

Pending before the Court is Defendants Valerie Pruitt, Soly Rosario, and Michele

Livingston’s (collectively, “Moving Defendants”) “Second Motion to Dismiss.”1 The instant

Motion to Dismiss was noticed for submission on January 12, 2022. Pursuant to Local Rule 7.5,

any opposition to a motion must be filed eight days before the noticed submission date.2 Thus,

Plaintiff’s opposition to the instant Motion was due on January 4, 2022. Plaintiff Nadia Winston

has not filed an opposition to the Motion, and therefore the Motion is deemed to be unopposed.

This Court has authority to grant a motion as unopposed, although it not required to do so.3

On October 30, 2021, the Court denied Moving Defendants’ first motion to dismiss.4 The

Court agreed with Moving Defendants that the Complaint failed to state a claim against Moving

Defendants because it did not “allege any facts regarding what actions Pruitt, Rosario, and

Livingston took that entitle Plaintiff to relief.”5 Nevertheless, short of granting the motion, the

1 Rec. Doc. 32.

2 EDLA Local Rule 7.5.

3 Edward H. Bohlin Co. v. Banning Co., 6 F.3d 350, 356 (5th Cir.1993).

4 Rec. Doc. 31.

5 Id. at 6.

Court granted Plaintiff thirty days to amend the deficiencies identified in the Order, if possible.

To date, Plaintiff has not amended the Complaint. Accordingly, for the reasons set forth in the

Court’s October 30, 2021 Order,

IT IS HEREBY ORDERED that Moving Defendants’ Motion to Dismiss is

GRANTED. All claims against Moving Defendants are DISMISSED WITH PREJUDICE.

NEW ORLEANS, LOUISIANA, this 25th_ day of January, 2022.

DV errette Sobel. Us

NANNETTE IGLIVETTE BROWN (ur

CHIEF JUDGE

UNITED STATES DISTRICT COURT

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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