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American Family Mutual Insurance Co. v. Coleman

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


February 17, 2010

AMERICAN FAMILY MUTUAL INSURANCE COMPANY PLAINTIFF,
v.
CHRISTOPHER COLEMAN, INDIVIDUALLY, ANGELA DECICCO AND MARIO WEISS, AS SPECIAL ADMINISTRATORS OF THE ESTATES OF SHERI COLEMAN, GARETT COLEMAN, AND GAVIN COLEMAN, DECEASED, 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 American Family Mutual Insurance Company's ("American") Motion for Summary Judgment (Doc. 36) filed on January 6, 2010.

Pursuant to Local Rule 7.1(c), Defendants' response was due thirty days after the motion was filed, but thirty days have passed and Defendants have not responded. 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. S.D. Ill. L. R. 7.1(c). Accordingly, the Court hereby ORDERS Defendants to SHOW CAUSE on or before March 12, 2010, why the Court should not construe their failure to timely respond to American's summary judgment motion as an admission of its merits and enter judgment accordingly. Further, the Court DIRECTS the Clerk of Court to mail a copy of this Memorandum and Order, American's Motion for Summary Judgment (Doc. 36), and the Court's Memorandum and Order (Doc. 28) of November 19, 2009, wherein it denied without prejudice American's request for default judgment as to Defendant Christopher Coleman, to Christopher Coleman, Monroe County Jail, 225 East Third Street, Waterloo, IL 62298. The Court warns Coleman that if he is to respond to this Memorandum and Order, he will need to first explain his failure to appear or otherwise defend himself in this matter and show good cause why the Clerk of Court's Entry of Default (Doc. 14) should not be vacated. See Fed. R. Civ. P. 55(c).

IT IS SO ORDERED.

20100217

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