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Whisler v. Intier Automotive Interiors of America

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 4, 2007

MELANIE WHISLER PLAINTIFF,
v.
INTIER AUTOMOTIVE INTERIORS OF AMERICA, INC., DEFENDANT.

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

ORDER

Now before the Court is Defendant's November 20, 2006 motion for summary judgment (Doc. 18). Specifically, Defendant moves for summary judgment arguing that judgment should be enter in its favor because Plaintiff failed to show that: (1) at the time of her termination she was exercising her rights under the Illinois Workers' Compensation Act; (2) at the time of her termination Defendant was aware of her intent to file a workers' compensation claim or even aware that she claimed a work-related injury; and (3) Defendant's reason for terminating her employment -- she tested positive for Methadone -- was a pretext. As of this date, Plaintiff has not responded to the motion for summary judgment. Pursuant to Local Rule 7.1(c), the Court finds this failure an admission of the merits of the motion.*fn1 Thus, the Court GRANTS Defendant's motion for summary judgment (Doc. 18). Further, the Court DIRECTS the Clerk of the Court to enter judgment reflecting the same.

IT IS SO ORDERED.

David RHerndon United States District Judge


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