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

Filing 302

ORDER GRANTING 279 MOTION for Summary Judgment: the Court GRANTS Defendant Johnson Controls, Inc. Motion for Summary Judgment (Doc. 279). As no Counts remainpending against Defendant, the Clerk of Court is directed to enter judgment accordingly at the close of the case. Signed by Judge Staci M. Yandle on 3-9-15. (cmh)

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

Case No. 14-cv-00064-SMY-SCW

ATLAS COPCO COMPRESSORS, L.L.C..,
ET AL.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on Defendant Johnson Controls, Inc.’s. Motion for
Summary Judgment (Doc. 279). Defendant filed a Motion for Summary Judgment on January
30, 2015. Plaintiff’s Response was due on March 5, 2015, and no Response has been filed. 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.”).
Defendant Johnson Controls, Inc. has presented evidence that it is not a successor in
interest to York International, Inc. as alleged in the complaint, and there is no evidence that
Defendant Johnson Controls, Inc. is liable for any products manufactured or sold by York
International or that Plaintiff was exposed to any asbestos-containing products manufactured or
distributed by Defendant Johnson Controls, Inc. Accordingly, the Court GRANTS Defendant
Johnson Controls, Inc. Motion for Summary Judgment (Doc. 279).

As no Counts remain

pending against Defendant, the Clerk of Court is directed to enter judgment accordingly at the
close of the case.
IT IS SO ORDERED.
DATED:
March 9, 2015

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

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