GZ Gourmet Food and Beverage, Inc. v. Radioactive Energy of Illinois, LLC et al

Filing 83

Written Opinion Signed by the Honorable Robert M. Dow, Jr on 12/7/2010: For the reasons stated below, Defendants/Counter-Plaintiffs Radioactive Energy of Illinois, LLC and Walter Aschers third motion for sanctions and motion for dismissal and judgmen t 80 is granted to the following extent: the Court dismisses the complaint of Plaintiff/Counter-Defendant GZ Gourmet Food and Beverage, Inc. 1 for want of prosecution, and enters an order of default against GZ Gourmet Food and Beverage, Inc. on t he complaint of Counter-Plaintiffs Radioactive Energy of Illinois, LLC and Walter Ascher (originally filed in Case No. 08-cv-311, now consolidated with this case). Defendants/Counter-Plaintiffs further request for an award of fees and costs associate d with the motion is respectfully denied. Plaintiff/Counter- Defendants request for continuance / extension is respectfully denied. This matter is set for prove-up on 1/7/2011 at 9:00 a.m. Mailed notice (For further detail see Written Opinion) (nf, )

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