IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
January 31, 2006
TIM SHAPUTIS, PLAINTIFF,
TRUCK CENTERS, INC., DEFENDANT.
The opinion of the court was delivered by: Herndon, District Judge
On November 17, 2005, this Court granted Defendant's motion for partial summary judgment pursuant to Local Rule 7.1(c) (Doc. 14).*fn1 Thereafter on December 19, 2005, Plaintiff filed a motion to vacate the Court's November 17, 2005 Order arguing that his attorneys did not receive a copy of the motion for partial summary judgment (Doc. 20).*fn2 As of January 12, 2006 Defendant did not respond to the motion to vacate , therefore, the Court pursuant to Local Rule 7.1(g) granted the motion to vacate and allowed Plaintiff up to and including January 26, 2006 to respond to the motion for partial summary judgment (Doc. 21).*fn3
January 26, 2006 has come and gone and Plaintiff again failed to respond to the motion for summary judgment and failed to follow the Court's Order allowing it to respond to the motion for partial summary judgment.*fn4 Pursuant to Local Rule 7.1(c), the Court considers Plaintiff's failure to respond an admission of the merits of the motion. Accordingly, the Court GRANTS the motion for partial summary judgment (Doc. 6). At the close of the case, the Court DIRECTS the Clerk of the Court to enter judgment in favor of Defendant and against Plaintiff on Counts I and II of the complaint.
IT IS SO ORDERED.
David R Herndon United States District Judge