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Ronald Habermehl, et al v. Auto Club Family Insurance Company

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


November 6, 2012

RONALD HABERMEHL, ET AL., PLAINTIFFS,
v.
AUTO CLUB FAMILY INSURANCE COMPANY, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

Pending before the Court are defendant Auto Club Family Insurance's (Auto Club) motions to dismiss counts I, II, IV, V, and VI of plaintiffs' amended complaint (Doc. 35) and to strike plaintiffs' punitive damages request (Doc. 36). As Auto Club filed its motion to dismiss on September 25, 2012, plaintiffs had until October 29, 2012, to timely file a response. See SDIL-LR 5.1(c), 7.1(c). Plaintiffs failed to do so. Additionally, as Auto Club filed its motion to strike plaintiffs' punitive damages request on September 25, 2012, plaintiffs had until October 12, 2012, to timely respond. See SDIL-LR 5.1(c), 7.1(g). Again, plaintiffs did not respond.

The Court considers plaintiffs' failure to respond to Auto Club's motions as admissions of their merits. SDIL-LR 7.1(c), 7.1(g). Accordingly, Auto Club's motion to dismiss counts I, II, IV, V, and VI of plaintiffs' amended complaint (Doc. 35) is GRANTED. Thus, counts I, II, IV, V, and VI of plaintiffs' amended complaint are dismissed without prejudice. As to Auto Club's request that plaintiffs' punitive damages request be stricken from counts I, III, and V (Doc. 36), this motion is GRANTED in part. As the instant Order dismisses plaintiffs' counts I and V, Auto Club's requests as to those counts is rendered MOOT. Auto Club's request that plaintiffs' punitive damages request be stricken from count III is GRANTED. Digitally signed by

Date: 2012.11.06

IT IS SO ORDERED. David R. Herndon 13:12:11 -06'00' Chief Judge United States District Court

20121106

© 1992-2012 VersusLaw Inc.



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