Dane v. Laura Buick-GMC, Inc

Filing 16

MEMORANDUM AND ORDER TO SHOW CAUSE why the Court should not construe failure to timely respond to the motion to dismiss as an admission of the merits of the motion. Signed by Judge J. Phil Gilbert on 5/17/13. (bkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SHEILA DANE,
Plaintiff,
vs.

Case No. 13-cv-85-JPG-SCW

LAURA BUICK-GMC, INC,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on defendant Laura Buick-GMC, Inc.’s motion to
dismiss (Doc. 6). The Court extended plaintiff Sheila Dane’s time to respond to this motion until
May 13, 2013. To date the Court has not received plaintiff’s response. Pursuant to Local Rule
7.1(c), the Court may, it its discretion, construe a party’s failure to file a timely response as an
admission of the merits of the motion. Local Rule 7.1(c). The Court hereby ORDERS plaintiff
to SHOW CAUSE on or before May 27, 2013, why the Court should not construe her failure to
timely respond to the motion to dismiss as an admission of the merits of the motion and dismiss
her claims against defendant. Failure to respond in a timely manner to this order may result in
dismissal of this action for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b)
and the Court’s inherent authority to manage its docket. See In re Bluestein & Co., 68 F.3d 1022,
1025 (7th Cir. 1995).
IT IS SO ORDERED.
DATED: May 17, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE