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Barton v. Randolph County

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


May 31, 2007

JEREMY BARTON, SPECIAL ADMINISTRATOR OF THE ESTATE OF FRANKLIN BARTON, JR., DECEDENT, PLAINTIFF,
v.
RANDOLPH COUNTY, EVERCOM, INC., AND PBG, INC., DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert United States District Judge

MEMORANDUM AND ORDER

This cause comes before the Court on the motion for summary judgment on Count VII filed by defendant Randolph County (Doc. 31). Pursuant to Local Rule 7.1(c), plaintiff Jeremy Barton's response was due 30 days after the motion to dismiss was filed. The Court may, it its discretion, construe a party's failure to file a timely response as an admission of the merits of the motion. Thirty days have passed and the plaintiff has not responded. Local Rule 7.1(c). Furthermore, the plaintiff has informed the Court that he does not intend to respond and is aware of the consequences that may follow from Local Rule 7.1(c).

The Court has reviewed Randolph County's summary judgment motion and finds that it is appropriate to construe the plaintiff's failure to respond to the motion as an admission of its merits pursuant to Local Rule 7.1(c). Accordingly, the Court GRANTS defendant Randolph County's motion for summary judgment on Count VII (Doc. 31) and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Defendant Randolph County is terminated from this action.

IT IS SO ORDERED.

20070531

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