Wallace v. Fisher & Ludlow, Inc.

Filing 39

ORDER DISMISSING CASE with prejudice for failing to show cause and respond to defendant's motion for summary judgment 35 . The Clerk is instructed to close the file and enter judgment in favor of defendant and against plaintiff.Signed by Chief Judge David R. Herndon on 1/13/2014. (mtm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
JOE WALLACE,
Plaintiff,
v.
FISHER & LUDLOW, INC.
Defendant.

Case 12-cv-977-DRH-PMF
MEMORANDUM & ORDER

HERNDON, Chief Judge:
Due to plaintiff’s failure to show cause and respond to defendant’s motion
for summary judgment on or before January 6, 2014, the Court now dismisses
plaintiff Joe Wallace’s claims with prejudice and enters judgment in favor of
defendant.
The Court, on motion of plaintiff’s counsel, allowed attorney Greg Roosevelt
to withdraw from further representation of plaintiff, on October 1, 2013. The
Court advised plaintiff that he must obtain other counsel within 21 days of entry
of the Court’s Order of withdrawal. As of this date, no new counsel has entered an
appearance.
Additionally, on October 9, 2013, defendant moved for summary judgment
under Rule 56, on all of plaintiff’s claims (Doc. 35). See Fed. R. Civ. P. 56.
Plaintiff’s allotted time for responding to defendant’s motion has long since
passed. See SDIL-LR 7.1.

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Further, the Court has provided plaintiff with sufficient notice of the
consequences of his failure to respond to defendant’s request for summary
judgment. See Timms v. Frank, 953 F.2d 281, 284 (7th Cir. 1992); Doc. 38.
Thus, in light of plaintiff’s repeated failure to show cause and respond to
defendant’s motion for summary judgment, plaintiff’s claims are DISMISSED
with prejudice and judgment shall be entered in favor of defendant and against
plaintiff. The Clerk is instructed to close the file and enter judgment accordingly.
IT IS SO ORDERED.
Signed this13th day of January, 2014.

Digitally signed by
David R. Herndon
Date: 2014.01.13
11:33:18 -06'00'

Chief Judge
U.S. District Court

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