Hale et al v. United States of America et al

Filing 17

ORDER GRANTING 15 MOTION for Summary Judgment DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON COUNT II filed by United States of America and GRANTING 16 MOTION DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS ON PLAINTIFFS CLAIMS filed by United States of America. Veterans Administration terminated. The Court directs the Clerk of the Court to enter judgment at the close of the case. Signed by Chief Judge David R. Herndon on 9/18/14. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MACK HALE and MARILYN HALE,
Plaintiffs,
vs.
UNITED STATES OF AMERICA and
VETERANS ADMINISTRATION,
Defendants.

Case No. 14-cv-166-DRH
Order

Now before the Court is Defendants’ August 11, 2014 motion for
summary judgment (Doc. 15) and motion for judgment on the pleadings (Doc.
16). Specifically, defendants move for summary judgment of Count II of the
complaint (Doc 2) pursuant to Fed. R. Civ. P. 56. In a separate motion
pursuant to Fed. R. Civ. P. 12(c), defendants move for dismissal of the
complaint against defendant Veterans Administration under the Federal Tort
Claims Act.
As of today’s date, plaintiffs have not responded to the motion for
summary judgment or the motion for judgment on the pleadings. Pursuant to
Local Rule 7.1(c), the Court considers the failure to respond as an admission of
the merits of the motion for summary judgment and judgment on the
pleadings. 1

Accordingly, the Court GRANTS the motion for summary

judgment. The Court enters judgment in favor of the government and against

1Local

Rule 7.1(c) provides in part: “Failure to timely file a response to a motion may, in
the Court’s discretion, be considered an admission of the merits of the motion.”

plaintiffs on Count II of the complaint. The Court also GRANTS the motion for
judgment on the pleadings. The Court DISMISSES with prejudice Veterans
Administration as a defendant. Further, the Court DIRECTS the Clerk of the
Court to enter judgment reflecting the same at the close of the case.
IT IS SO ORDERED.
Signed this 18th day of September, 2014.

Digitally signed
by David R.
Herndon
Chief Judge
United States District Court