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James Melvin Russell v. Csx Transportation

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


July 9, 2012

JAMES MELVIN RUSSELL,
PLAINTIFF,
v.
CSX TRANSPORTATION, INC.,
DEFENDANT.

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

ORDER

Pending before the Court is defendant's motion to strike plaintiff's request for prejudgment interest from his prayer for relief under Monessen Sw. Ry. Co. v. Morgan, 486 U.S. 330, 337-38 (1988) (holding federal law does not authorize awards of prejudgment interest in Federal Employers' Liability Act suits) (Doc. 11). Defendant filed its instant motion on June 19, 2012. Thus, plaintiff's response was due by July 6. 2012. See SDIL-LR 5.1(c); 7.1(g). The Court deems plaintiff's failure to respond an admission of the merits of defendant's motion. SDIL-LR 7.1(c)(2). Further, consistent with Monessen, plaintiff's request for prejudgment interest must be stricken. Monessen, 486 U.S. at 338. Accordingly, defendant's motion is GRANTED (Doc. 11). Plaintiffs request for prejudgment interest is stricken. Digitally signed by Date: 2012.07.09

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

11:02:43 -05'00'

20120709

© 1992-2012 VersusLaw Inc.



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