LaGrant et al v. Blackmon's, Inc.

Filing 27

MEMORANDUM AND ORDER, the Court GRANTS the motion to strike (Doc. 10 ), construed as a motion to dismiss, DISMISSES with prejudice theplaintiffs claims under the Illinois Dramshop Act, 235 ILCS 5/6-21, and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 3/21/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LEWIS E. LAGRANT and ROSE M. LAGRANT,
Plaintiffs,
v.

Case No. 12-cv-1012-JPG-DGW

BLACKMON’S, INC.,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the motion to strike (Doc. 10) filed by defendant
Blackmon’s Inc., which the Court construes as a motion to dismiss pursuant to Federal Rule of Civil
Procedure 12(b)(6). The defendant seeks to dismiss claims under the Illinois Dramshop Act, 235
ILCS 5/6-21. The motion was filed on December 4, 2012, but plaintiffs Lewis E. LaGrant and Rose
M. LaGrant did not file a timely response to the motion. The Court issued an order to show cause why
the Court should not construe their failure to timely respond to the motion as an admission of its merits
and dismiss their claims under the Illinois Dramshop Act. The plaintiffs have responded that they
have no objection to the dismissal of such claims (Doc. 26). Accordingly, the Court GRANTS the
motion to strike (Doc. 10), construed as a motion to dismiss, DISMISSES with prejudice the
plaintiffs’ claims under the Illinois Dramshop Act, 235 ILCS 5/6-21, and DIRECTS the Clerk of
Court to enter judgment accordingly at the close of the case.
IT IS SO ORDERED.
DATED: March 21, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE