Cooper v. Bolton et al, No. 2:2012cv02934 - Document 81 (E.D. La. 2013)
Court Description: ORDER and REASONS granting 66 Motion to Dismiss with Prejudice Amended Complaint as to Defendant Constellation Investment Consulting Corporation, as stated within document. Signed by Judge Kurt D. Engelhardt on 12/20/2013. (cbs)
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Cooper v. Bolton et al Doc. 81 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SEAN C. COOPER CIVIL ACTION VERSUS NO. 12-2934 GEORGE BOLTON, WESTEND CAPITAL MANAGEMENT, LLC, CHRISTEN HARDY and CONSTELLATION INVESTMENT CONSULTING CORPORATION SECTION "N" (3) ORDER AND REASONS Presently before the Court is a “Motion to Dismiss with Prejudice Amended Complaint as to Defendant Constellation Investment Consulting Corporation” (Rec. Doc. 66). Having considered the parties’ submissions, IT IS ORDERED that the motion is GRANTED. Accordingly, IT IS FURTHER ORDERED that the claims filed by Plaintiff, Sean C. Cooper, against Constellation Investment Consulting Corporation are DISMISSED WITH PREJUDICE. Although Plaintiff asks that his claims against Constellation merely be dismissed without prejudice, it has been almost four months since the Court previously dismissed Plaintiff’s claims without prejudice to his right to file an amending and superseding complaint. See August 26, 2013 Order and Reasons (Rec. Doc. 59). During that time period, Plaintiff has not sought to file the necessary amendment. Given that, the Court declines to again order dismissal without prejudice. New Orleans, Louisiana, this 20th day of December 2013. _________________________________ KURT D. ENGELHARDT United States District Judge Dockets.Justia.com
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