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Patrick Nichols v. International Brotherhood of Teamsters Local Union No. 50

October 26, 2012

PATRICK NICHOLS, PLAINTIFF,
v.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL UNION NO. 50, DEFENDANT.



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

ORDER

Before the Court is defendant's motion for judgment on the pleadings, seeking judgment on the pleadings with respect to plaintiff's claims of retaliation for the exercise of free speech under the Labor-Management Reporting and Disclosure Act, 29 U.S.C. §§ 411-15, libel and slander, and enforcement of settlement agreement (Doc. 13). Thus, defendant seeks judgment in its favor as to the entirety of plaintiff's amended complaint (Doc. 10). Plaintiff's deadline of October 9, 2012, for responding to defendant's instant motion has long-since passed. Pursuant to LOCAL RULE 7.1(c), the Court deems plaintiff's failure to respond as an admission of the merits of defendant's motion. SDIL-LR 7.1(c).

Accordingly, defendant's motion is GRANTED (Doc. 13). Thus, plaintiff's claims are dismissed with prejudice. Judgment shall be entered in favor of defendant as to all counts of plaintiff's amended complaint. The Clerk is instructed to enter judgment accordingly.

IT IS SO ORDERED.

Digitally signed by David R. Herndon Chief Judge United States District Court

Date: 2012.10.26 15:26:00 -05'00'

20121026

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