Russell v. CSX Transportation, Inc.

Filing 17

ORDER granting 11 Motion to Strike. Signed by Chief Judge David R. Herndon on 7/9/12. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JAMES MELVIN RUSSELL,
Plaintiff,
vs.
CSX TRANSPORTATION, INC.,
Defendant.

No. 12-cv-316-DRH-PMF
ORDER

HERNDON, Chief Judge:
Pending before the Court is defendant’s motion to strike plaintiff’s request
for prejudgment interest from his prayer for relief under Monessen Sw. Ry. Co. v.
Morgan, 486 U.S. 330, 337-38 (1988) (holding federal law does not authorize
awards of prejudgment interest in Federal Employers’ Liability Act suits) (Doc.
11). Defendant filed its instant motion on June 19, 2012. Thus, plaintiff’s
response was due by July 6. 2012. See SDIL-LR 5.1(c); 7.1(g). The Court deems
plaintiff’s failure to respond an admission of the merits of defendant’s motion.
SDIL-LR 7.1(c)(2). Further, consistent with Monessen, plaintiff’s request for
prejudgment interest must be stricken. Monessen, 486 U.S. at 338. Accordingly,
defendant’s motion is GRANTED (Doc. 11). Plaintiffs request for prejudgment
interest is stricken.
IT IS SO ORDERED.
Signed this 9th day of July, 2012.

Digitally signed by
David R. Herndon
Date: 2012.07.09
11:02:43 -05'00'
Chief Judge
United States District Court

Page 1 of 1