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Channel Bio Corp. v. Lewis

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


January 14, 2010

CHANNEL BIO CORPORATION, PLAINTIFF,
v.
ERIC LEWIS, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter comes before the Court on Plaintiff Channel Bio Corporation's ("Channel") Motion for Partial Summary Judgment (Doc. 121) and Memorandum (Doc. 122) in support thereof. Filed on October 23, 2009, said motion is directed at Count II of the first Amended Complaint (Doc. 85), alleging common law fraud against Defendant Eric Lewis.*fn1 Pursuant to Local Rule 7.1(c), Lewis's response was due thirty days after Channel's motion was filed, but thirty days passed and Lewis did not respond. On December 7, the Court issued a Memorandum and Order (Doc. 130) to show cause why Lewis's failure to respond should not result in the admission of the motion's merits and judgment in Channel's favor. While a copy of the order was sent to Lewis's most recent home address, it has come to the Court's attention that Lewis is currently incarcerated in federal prison.*fn2 The Court finds it possible, albeit unlikely, that Lewis has yet to see either the partial summary judgment motion or show cause order; accordingly, Lewis will have one last opportunity to address this Court before a ruling is handed down.

For the foregoing reasons, the Court hereby ORDERS Lewis to SHOW CAUSE on or before February 19, 2010, why the Court should not construe his failure to timely respond to the motion for partial summary judgment as an admission of the merits of the motion and enter judgment accordingly. Further, the Court DIRECTS the Clerk of Court to mail a copy of the Motion for Partial Summary Judgment (Doc. 121) and Memorandum (Doc. 122) in support thereof, the Court's previous Memorandum and Order (Doc. 130) to show cause, and this order to Eric Len Lewis, 08189-025, FCI Manchester, Federal Correctional Institution, P.O. Box 4000, Manchester, KY 40962. Lewis shall keep this Court apprised of his whereabouts, or he will face the consequences of non-responsiveness in this and any other related litigation.

IT IS SO ORDERED.


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