Woody v. Bayview Loan Servicing, LLC

Filing 9

MEMORANDUM AND ORDER TO SHOW CAUSE. (Show Cause Response due by 7/30/2014.) Signed by Judge J. Phil Gilbert on 7/16/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CEARA M. WOODY,
Plaintiff,
vs.

Case No. 14-cv-475-JPG-DGW

BAYVIEW LOAN SERVICING, LLC,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on defendant Bayview Loan Servicing, LLC’s
motion to strike paragraph 9 and portions of paragraph 8 of Plaintiff Ceara M. Woody’s
complaint (Doc. 6). Defendant’s motion was filed on May 1, 2014. Pursuant to Local Rule
7.1(c), plaintiff’s response was due 30 days after the motion was filed, but 30 days have passed
and plaintiff has not responded. 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 July 30, 2014, why the Court should
not construe her failure to timely respond to the motion as an admission of the merits of the
motion. 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: July 16, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE