Atain Specialty Insurance Company v. Thomrick Corp d/b/a Foley's Tavern et al

Filing 26

MEMORANDUM AND ORDER, granting 24 MOTION for Judgment on the Pleadings AND MEMORANDUM OF LAW IN SUPPORT filed by Atain Specialty Insurance Company. The Clerk of Court is DIRECTED to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 10/27/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ATAIN SPECIALTY INSURANCE
COMPANY,
Plaintiff,
vs.
THOMRICK CORP d/b/a FOLEY
TRAVERN and JOHN GUEST,
Defendants.

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Case No. 15-cv-00161-JPG-SCW

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Atain Specialty Insurance Company’s
(“Atain”) Motion (Doc. 24) for Judgment on the Pleadings pursuant to Federal Rule of Civil
Procedure 12(c). Defendants indicated to the Court at a status conference (Doc. 25) that they
would not file a response and no response has been filed.
In ruling on a motion for judgment on the pleadings pursuant to Federal Rule of Civil
Procedure 12(c), the Court considers the complaint, answer and any written instruments attached
to those pleadings. See Pisciotta v. Old Nat’l Bancorp, 499 F.3d 629, 633 (7th Cir. 2007);
Forseth v. Village of Sussex, 199 F.3d 363, 368 (7th Cir. 2000). Judgment on the pleadings is
appropriate when “[t]he moving party demonstrates that there are no material issues of fact to be
resolved.” Moss v. Martin, 473 F.3d 694, 698 (7th Cir. 2007).
Local Rule 7.1(c) provides that, “Failure to timely file a response to a motion may, in the
Court’s discretion, be considered an admission on the merits of the motion.” Being fully aware
of the court’s rule and having specifically indicated to the Court that they would not file a
response, the Court is exercising its discretion to consider Defendant’s failure to respond as an
admission of the Plaintiff’s motion.

Therefore, Plaintiff Atain Specialty Insurance Company’s Motion (Doc. 24) for Judgment
on the Pleadings is GRANTED.
The Court finds that Atain Specialty Insurance Company has no duty to defend or
indemnify Thomrick Corp. d/b/a Foley’s Tavern or any other party under the Policy with regard
to the Underlying Litigation. The Clerk of Court is DIRECTED to enter judgment accordingly.
IT IS SO ORDERED.
DATED: 10/27/2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE