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,
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
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.