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Smith v. Wacker Nueson Corp.

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


October 18, 2010

MARK S. SMITH, JR., PLAINTIFF,
v.
WACKER NUESON CORPORATION, AND WACKER NUESON SE,
DEFENDANTS.
WACKER NUESON CORPORATION, AND WACKER NUESON SE, THIRD-PARTY PLAINTIFFS,
v.
FONTANA CONTRACTING COMPANY, AND WESCON PRODUCTS COMPANY, A SUBSIDIARY OF LATSHAW ENTERPRISES, INC., THIRD-PARTY DEFENDANTS.

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

ORDER

Now before the Court are Third-Party Defendant Fontana Contracting Company's September 29, 2010 motions to set aside default (Doc. 53) and for leave to file an answer (Doc. 54). As of today's date, Third-Party Plaintiffs Wacker Neuson Corporation and Wacker Neuson SE have not responded to the motions. Pursuant to Local Rule 7.1(g) , the Court considers the failure to respond as admissions of the merits of the motions.*fn1 Thus, the Court GRANTS the motions. The Court VACATES the Entry of Default entered on September 17, 2010 (Doc. 49). Further, the Court ORDERS Fontana Contracting Company to file its answer to the Third-Party Complaint instanter.

IT IS SO ORDERED.


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