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Shaputis v. Truck Centers

November 17, 2005

TIM SHAPUTIS, PLAINTIFF,
v.
TRUCK CENTERS, INC., DEFENDANT.



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

ORDER

Pending before the Court is Defendant's October 11, 2005 motion for partial summary judgment (Doc. 6). Specifically, Defendant contends that it is entitled to partial summary judgment on Counts I and II of the complaint based on the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1453 ("ERISA") preemption. As of this date, Plaintiff has not filed a response to the motion. 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 finds that Defendant is entitled to partial summary judgment against Plaintiff on Counts I and II of the complaint . The Court ORDERS the Clerk of the Court to enter judgment in favor of Defendant and against Plaintiff on Counts I and II at the close of the case.

IT IS SO ORDERED.

David R Herndon United States ...


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