Brock v. Gordon Trucking Inc. et al

Filing 70

ORDER granting 56 Motion for Summary Judgment and granting 58 Motion for Summary Judgment. See Order for details. Signed by Chief Judge David R. Herndon on 4/25/13. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

TERRY A. BROCK,
Plaintiff,
vs.

No. 12-0645-DRH

GORDON TRUCKING, INC., and
GORDON TRUCKING, CO.
Defendants.
ORDER

HERNDON, Chief Judge:
This matter comes before the Court on defendants’ motion to dismiss or, in
the alternative motion for summary judgment (Doc. 56) and defendant’s motion
for summary judgment on its counterclaim for property damages (Doc. 58). On
March 21, 2013, the Court issued a Timms notice to Brock regarding the motions
(Doc. 68).

The Order informed Brock of the need to file affidavits and/or

responsive materials to the motions and of the consequences of not responding to
the motions. See Tims v. Frank, 953 F.2d 281, 284 (7th Cir. 1992). The Order
also directed Brock to respond to the motions on or before April 22, 2013 or risk
judgment being entered in favor of defendants and against him. As of this date,
Brock has not responded to the motions.

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Thus, the Court considers this an

admission of the merits of the motions.1

Therefore, the Court GRANTS

defendants’ motion to dismiss or, in the alternative motion for summary
judgment (Doc. 56) and defendant’s motion for summary judgment on its
counterclaim for property damages (Doc. 58). Thus, the Court enters judgment in
favor of defendants and against plaintiff.

The Court AWARDS defendants

$6,606.57 in damages on the counterclaim for property damages. Further, the
Court DIRECTS the Clerk of the Court to enter judgment reflecting the same.
IT IS SO ORDERED.

David R.
Herndon
2013.04.25
13:48:00 -05'00'

Signed this 25th day of April, 2013.

Chief Judge
United States District Court

1

“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.” Local Rule 7.1(c).
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