American Family Mutual Insurance Company v. Coleman et al

Filing 41

MEMORANDUM AND ORDER that defendants show cause why the Court should not construe their failure to timely respond to American's Summary Judgment Motion 36 as an admission of its merits and enter judgment accordingly. Clerk of Court to mail a copy of this Memorandum and Order, Motion for Summary Judgment 36 and Court's Memorandum and Order 28 to Christopher Coleman. If Coleman is to respond to this Memorandum and Order he will first need to explain his failure to appear and show good cause why the Court's Entry of Default should not be vacated. Signed by Judge J. Phil Gilbert on 2/17/2010. (dka, )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS AMERICAN FAMILY MUTUAL INSURANCE COMPANY Plaintiff, v. CHRISTOPHER COLEMAN, individually, ANGELA DECICCO and MARIO WEISS, as Special Administrators of the Estates of Sheri Coleman, Garett Coleman, and Gavin Coleman, Deceased, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 09-cv-523-JPG

MEMORANDUM AND ORDER This matter comes before the Court on Plaintiff American Family Mutual Insurance Company's ("American") Motion for Summary Judgment (Doc. 36) filed on January 6, 2010. Pursuant to Local Rule 7.1(c), Defendants' response was due thirty days after the motion was filed, but thirty days have passed and Defendants have not responded. The Court may, it its discretion, construe a party's failure to file a timely response as an admission of the merits of the motion. S.D. Ill. L. R. 7.1(c). Accordingly, the Court hereby ORDERS Defendants to SHOW CAUSE on or before March 12, 2010, why the Court should not construe their failure to timely respond to American's summary judgment motion as an admission of its merits and enter judgment accordingly. Further, the Court DIRECTS the Clerk of Court to mail a copy of this Memorandum and Order, American's Motion for Summary Judgment (Doc. 36), and the Court's Memorandum and Order (Doc. 28) of November 19, 2009, wherein it denied without prejudice American's request for default judgment as to Defendant Christopher Coleman, to Christopher Coleman, Monroe County Jail, 225 East Third Street, Waterloo, IL 62298. The Court warns

Coleman that if he is to respond to this Memorandum and Order, he will need to first explain his failure to appear or otherwise defend himself in this matter and show good cause why the Clerk of Court's Entry of Default (Doc. 14) should not be vacated. See Fed. R. Civ. P. 55(c). IT IS SO ORDERED. DATED: February 17, 2010 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE