McCalvey v. Atlas Copco Compressors, L.L.C. et al

Filing 268

ORDER, Granting 262 MOTION for Summary Judgment filed by Union Carbide Corporation.Plaintiffs response was due November 6, 2014. The plaintiff has failed to file a response to Defendants Motion. Accordingly, the Court GRANTS Defendant Union Carbide Corporations motion for summary judgment (Doc. 262).Signed by Judge Staci M. Yandle on 11-24-14. (cmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GERALD D MCALVEY,
Plaintiff,
vs.

Case No. 14-cv-0064-SMY-PMF

ATLAS COPCO COMPRESSORS, L.L.C., et
al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on Defendant Union Carbide Corporation’s motion
for summary judgment (Doc. 262). Defendant Union Carbide Corporation filed a Motion for
Summary Judgment on October 2, 2014. Plaintiff’s response was due November 6, 2014. The
plaintiff has failed to file a response to Defendant’s Motion. 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,
and the Court will do so in this case. See Local Rule 7.1(c) (requiring a response to a motion for
summary judgment be filed 30 days after service of the motion and stating a failure to timely
respond may be deemed an admission of the merits of the motion); see also Tobel v. City of
Hammond, 94 F.3d 360, 362 (7th Cir.1996) (“[T]he district court clearly has authority to enforce
strictly its Local Rules, even if a default results.”).

In conclusion, the Court GRANTS

Defendant Union Carbide Corporation’s motion for summary judgment (Doc. 262).
IT IS SO ORDERED.
DATED: November 24, 2014

/s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE