Holmes v. Overall et al

Filing 98

MEMORANDUM AND ORDER, the Court OVERRULES Holmes' objection to costs (Doc. 97) but will reduce the amount of costs requested to $200, less than half of the income he has received in the last six months. Therefore, the Court orders an award of costs in the total amount of $200 to defendants Dr. Lillian Overall and Dr. Jon Gardener. The Court further DIRECTS the Clerk of Court to enter a judgment of costs accordingly. Signed by Judge J. Phil Gilbert on 4/27/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHN J. DUPONT and RANDY MOSELEY,
Plaintiffs,
v.

Case No. 13-cv-256-JPG-DGW

FREIGHT FEEDER AIRCRAFT CORPORATION,
INC., L. DAVID BRIDGES, R. DARBY BOLAND,
STEPHEN CARMICHAEL, H. CLIFF SAYLOR,
EDWARD F. EATON, WILL WEEKS and KIM
LITTLEFIELD,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the motion filed by plaintiffs John J. Dupont and
Randy Mosely for summary judgment on Count 1 of the Second Amended Complaint (Doc. 103).
Count 1 is a breach of contract claim against defendant Freight Feeder Aircraft Corporation
(“Freight Feeder”). In this litigation, Freight Feeder has been served with process and has
appeared, but counsel has withdrawn and no new counsel has appeared. The plaintiffs served
their summary judgment motion on Freight Feeder’s chief executive officer, but Freight Feeder
has not responded to the motion. In light of Freight Feeder’s failure to appear through counsel
and failure to respond to the plaintiffs’ motion for summary judgment, the Court finds it
appropriate to construe the failure to respond to the motion as an admission of the merits of the
motion pursuant to Local Rule 7.1(c). Accordingly, the Court GRANTS the motion for summary
judgment (Doc. 103) and DIRECTS the Clerk of Court to enter judgment on Count 1 in favor of
the plaintiffs and against Freight Feeder at the close of this case. There remains outstanding the
question of the amount of the judgment that should be entered against Freight Feeder. The Court
ORDERS that the plaintiffs shall have up to and including May 13, 2016, to submit proof of their

damages from Freight Feeder’s breach. The Court further VACATES the final pretrial
conference and trial dates in light of the foregoing disposition of the only remaining claim in this
case.
IT IS SO ORDERED.
DATED: April 27, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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