Habermehl et al v. Auto Club Family Insurance Company et al

Filing 38

ORDER granting 35 Motion to Dismiss; granting 36 Motion to Strike. Signed by Chief Judge David R. Herndon on 11/6/2012. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONALD HABERMEHL, et al.,
Plaintiffs,
v.
AUTO CLUB FAMILY INSURANCE
COMPANY, et al.,
Defendants.

Case No. 12-cv-230-DRH-DGW
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
Pending before the Court are defendant Auto Club Family Insurance’s (Auto
Club) motions to dismiss counts I, II, IV, V, and VI of plaintiffs’ amended
complaint (Doc. 35) and to strike plaintiffs’ punitive damages request (Doc. 36).
As Auto Club filed its motion to dismiss on September 25, 2012, plaintiffs had
until October 29, 2012, to timely file a response. See SDIL-LR 5.1(c), 7.1(c).
Plaintiffs failed to do so. Additionally, as Auto Club filed its motion to strike
plaintiffs’ punitive damages request on September 25, 2012, plaintiffs had until
October 12, 2012, to timely respond. See SDIL-LR 5.1(c), 7.1(g). Again, plaintiffs
did not respond.
The Court considers plaintiffs’ failure to respond to Auto Club’s motions as
admissions of their merits. SDIL-LR 7.1(c), 7.1(g). Accordingly, Auto Club’s
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motion to dismiss counts I, II, IV, V, and VI of plaintiffs’ amended complaint (Doc.
35) is GRANTED. Thus, counts I, II, IV, V, and VI of plaintiffs’ amended
complaint are dismissed without prejudice. As to Auto Club’s request that
plaintiffs’ punitive damages request be stricken from counts I, III, and V (Doc. 36),
this motion is GRANTED in part. As the instant Order dismisses plaintiffs’
counts I and V, Auto Club’s requests as to those counts is rendered MOOT. Auto
Club’s request that plaintiffs’ punitive damages request be stricken from count III
is GRANTED.
IT IS SO ORDERED.
Signed this 6th day of November, 2012.

Digitally signed by
David R. Herndon
Date: 2012.11.06
13:12:11 -06'00'

Chief Judge
United States District Court

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