General Electric Capital Corporation v. Metro Printing & Publishing, Inc.

Filing 29

ORDER DISMISSING CASE. The Clerk is ordered to enter judgment in favor of plaintiff in the amount of $225,322.91. The case is closed. Signed by Chief Judge David R. Herndon on 4/3/2012. (msdi)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GENERAL ELECTRIC CAPITAL
CORPORATION, a Delaware corporation,
Plaintiff,
v.
METRO PRINTING & PUBLISHING, INC.,
d/b/a RECORD PRINT AND PUBLISHING,
an Illinois corporation,
Defendant.

Case No. 11-cv-454-DRH
ORDER

HERNDON, Chief Judge:
On March 6, 2012, the Court entered an order granting in part in denying
in part plaintiff General Electric Capital Corporation’s motion for summary
judgment (Doc. 15) against defendant Metro Printing and Publishing, Inc., doing
business as Record Print and Publishing. More specifically, the Court entered
summary judgment in favor of plaintiff on the issue of liability, but ordered the
parties to file supplemental briefing as to the amount of damages by March 16,
2012.
On March 16, 2012, plaintiff filed a supplemental affidavit explaining how it
came to calculate the amount of damages it incurred. Defendant, however, failed
to file anything with the Court. Accordingly, defendant’s failure to file is
considered an admission by defendant that the amount of damages claimed by

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plaintiff is correct. See SDIL-LR 7.1(c)(2) (“Failure to timely file a response to a
motion may, in the Court’s discretion, be considered an admission of the merits
of the motion.”). Therefore, the Court orders that judgment be entered in favor of
plaintiff in the principal amount of $183,951.35, plus accrued interest from April
25, 2011, to August 19, 2011, in the amount of $10,409.93, plus accrued interest
from August 19, 2011 to April 3, 2012, in the amount of $20,774.881, plus
attorneys’ fees and expenses in the amount of $10,186.75, for a total judgment
amount of $225,322.91. The Clerk is ordered to enter judgment in favor of
plaintiff and against defendant in the amount of $225,322.91. The case is closed.
IT IS SO ORDERED.
Signed this 3rd day of April, 2012.

David R. Herndon
2012.04.03
12:18:29 -05'00'
Chief Judge
United States District Court

1

The Court multiplied 229 days (the number of days between August 19,
2012, and April 3, 2012, including the end date) by $90.72.
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