Southwest Traders, Inc. v. Spring Creek Holdings LLC

Filing 30

MOTION by Plaintiff Southwest Traders, Inc. for judgment entry of summary judgment (Bucheit, John)

UNITED STATES DISTRICT COURT
FOR THE NOTHERN DISTRICT OF ILLINOIS
SOUTHWEST TRADERS, INC.
Plaintiff,
v.
SPRING CREEK HOLDINGS LLC, and
JEROLD D. ISAACSON
Defendants.

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Case No. 17-cv-02870
Judge Andrea R. Wood

MOTION FOR ENTRY OF SUMMARY JUDGMENT
Pursuant to Local Rule 78.3, Plaintiff Southwest Trading, Inc. (“Southwest”), requests
that the Court grant its unopposed motion for summary judgment and enter judgment in its favor.
In support thereof, Southwest states the following:
1.

Southwest filed a motion for summary judgment on both counts of its two-count

complaint on February 16, 2018. (ECF Nos. 25-26.)
2.

Pursuant to the Court’s April 22, 2018 minute order, Defendants’ opposition to

Southwest’s motion was due on March 15, 2018. (ECF No. 29.)
3.

Defendants failed to file an opposition to Southwest’s motion. On March 21,

2018, the undersigned counsel for Southwest received a voicemail from Defendants’ counsel
stating that Defendants intentionally elected not to file an opposition to the motion. Southwest’s
motion for summary judgment is thus unopposed.
4.

Local Rule 78.3 provides that a court may grant a motion without further hearing

upon the non-moving parties’ failure to file an opposition thereto. Southwest respectfully
requests that the Court grant its motion for summary judgment here, and enter judgment in
Southwest’s favor.

WHEREFORE, Plaintiff Southwest Traders, Inc. respectfully requests that the Court
grant its motion for Summary Judgment on Counts I and II of its complaint and enter judgment
in Southwest’s favor for the amount of $680,707.01, plus attorneys’ fees and costs.

Dated: April 14, 2018

Respectfully submitted,
SOUTHWEST TRADERS, INC.

By:
John E. Bucheit
Peter S. Roeser
ROESER BUCHEIT & GRAHAM LLC
Two N. Riverside Plaza, Suite. 1850
Chicago, IL 60606
[phone]

/s/ John E. Bucheit
One of its Attorneys

CERTIFICATE OF SERVICE
I, John E. Bucheit, certify that on April 14, 2018, I caused a copy of the foregoing Motion
for Entry of Summary Judgment to be served on the following counsel of record for the
Defendants through the Court’s electronic filing system:
George Olsen ([e-mail])
18022 Cherrywood Ln.
Homewood, Illinois 60430
Phone: [phone]

/s/ John E. Bucheit