Smith v. Wacker Nueson Corporation et al

Filing 57

ORDER granting 53 Motion to Set Aside Default and granting 54 Motion for Leave to File. Signed by Chief Judge David R. Herndon on 10/18/10. (klh, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS MARK S. SMITH, JR., Plaintiff, v. WACKER NUESON CORPORATION, and WACKER NUESON SE, Defendants. No. 09-1064-DRH

______________________________________________________________________________ WACKER NUESON CORPORATION, and WACKER NUESON SE, Third-Party Plaintiffs, v. FONTANA CONTRACTING COMPANY, and WESCON PRODUCTS COMPANY, a subsidiary of Latshaw Enterprises, Inc., Third-Party Defendants. ORDER HERNDON, Chief Judge: Now before the Court are Third-Party Defendant Fontana Contracting Company's September 29, 2010 motions to set aside default (Doc. 53) and for leave to file an answer (Doc. 54). As of today's date, Third-Party Plaintiffs Wacker Neuson Corporation and Wacker Neuson SE have not responded to the motions. Pursuant to Local Rule 7.1(g), the Court considers the failure to respond as admissions of the Page 1 of 2

merits of the motions.1 Thus, the Court GRANTS the motions. The Court VACATES the Entry of Default entered on September 17, 2010 (Doc. 49). Further, the Court ORDERS Fontana Contracting Company to file its answer to the Third-Party Complaint instanter. IT IS SO ORDERED. Signed this 18th day of October, 2010.
David R. Herndon 2010.10.18 10:34:10 -05'00'

Chief Judge United States District Court

"F a ilu r e to file a tim e ly response to a m o tio n m a y , in the Court's discretion, be considered a n adm i s s i o n of the m e r i t s of the m o t i o n ." Local Rule 7.1(g). Page 2 of 2

1