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Michael D. Allison v. City of Bridgeport

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


February 14, 2011

MICHAEL D. ALLISON, PLAINTIFF,
v.
CITY OF BRIDGEPORT, ILLINOIS, A MUNICIPALITY IN LAWRENCE COUNTY,
MAX SCHAUF, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS MAYOR OF BRIDGEPORT,
ROBERT NESTLEROAD, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHIEF OF POLICE OF BRIDGEPORT,
TRENT MASTERSON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS POLICE OFFICER OF BRIDGEPORT,
DANNY ASH, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS POLICE OFFICER AND AS ACTING CHIEF OF POLICE OF BRIDGEPORT, AND
TORY GARRARD, INDIVIDUALLY AND IN HIS CAPACITY AS OWNER OF GARRARD TOWING AND REPAIR, THE DESIGNATED TOWING AGENT OF BRIDGEPORT, DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter comes before the Court on Defendant/Cross-Claimant Tory Garrard's Response (Doc. 107) to the Court's Memorandum and Order to Show Cause (Doc. 106) of February 8, 2011.

While the Court is less than impressed with Garrard's explanation for not timely responding to Defendants'/Cross-Defendants' Motion to Dismiss (Doc. 92), the Court believes he is sincere in his apology and that he will not engage in such conduct in the future.

Being fully advised of the premises, the Court DISCHARGES its Memorandum and Order to Show Cause (Doc. 106) and ORDERS that Garrard file his response to Defendants'/Cross-Defendants' dismissal motion no later than February 18, 2011. Further, the Court WARNS Garrard that motions to which he does not timely respond in the future may have their merits deemed admitted. See S.D. Ill. L. R. 7.1(c), (g).

IT IS SO ORDERED.

J. Phil Gilbert

20110214

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