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William R. White v. John E. Potter

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


December 21, 2010

WILLIAM R. WHITE,
PLAINTIFF,
v.
JOHN E. POTTER, POSTMASTER GENERAL, UNITED STATES POSTAL SERVICE, DEFENDANT.

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

ORDER

In an effort of continuing case management, the Court notes that there is a pending motion for summary judgment (Doc. 10) filed by Defendant John E. Potter, Postmaster General, United States Postal Service, in this matter, and, to date, it appears Plaintiff has made no attempts to file a Response. Under LOCAL RULE 7.1(c), "[f]ailure to timely file a response to a motion, may, in the Court's discretion, be considered an admission of the merits of the motion." Accordingly, the Court allows Plaintiff until January 6, 2011 in which to file a Response to Defendant's motion. If Plaintiff does not file his Response by this new deadline or fails to obtain a further extension of time to file, then the Court is authorized pursuant to LOCAL RULE 7.1(c) to deem his silence an admission of the merits of Defendant's motion for summary judgment (Doc. 10) and may grant the motion. If the Court grants the Defendant's motion it will mean that the Plaintiff will lose his case and unless the Appellate Court reinstates it for him, he will not be able to obtain the results he seeks ever.

IT IS SO ORDERED.

Signed this 21st day of December, 2010.

2010.12.21 13:33:58 -06'00'

David R. Herndon Chief Judge United States District Court

20101221

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