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WILSON v. DEEP CORPORATION

United States District Court, S.D. Illinois


August 8, 2005.

AMBER WILSON and GEOFF MINTER, as Special Administrators of the Estate of John Doe, a minor, and AMBER WILSON, individually, and GEOFF MINTER, individually, Plaintiffs,
v.
DEEP CORPORATION, INC., d/b/a HOWARD JOHNSON EXPRESS INN OF COLLINSVILLE, ILLINOIS and HOWARD JOHNSON EXPRESS INN, Defendants.

The opinion of the court was delivered by: DAVID HERNDON, District Judge

ORDER

Pending before the Court is Defendant Howard Johnson Express Inn's June 17, 2005 motion to dismiss Counts IV, V and VI (Doc. 6). Specifically, Howard Johnson argues that Counts IV, V and VI should be dismissed because the Court does not have personal jurisdiction over it because it is not a separate legal entity and it is not a proper party capable of being sued. As of this date, Plaintiffs have not responded to the motion to dismiss. Pursuant to LOCAL RULE 7.1(c), the Court considers this failure to respond an admission of the merits of the motion.*fn1 Thus, the Court GRANTS the motion to dismiss Counts IV, V and VI (Doc. 6). The Court DISMISSES with prejudice Counts IV, V and VI.

IT IS SO ORDERED.


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