Davids et al v. North Iowa Community School District et al If necessary, trial ddls need to be set after motion for sj has been ruled on per order at 22.
ORDER granting 14 Motion for Summary Judgment, in light of plaintiffs' failure to respond. Judgment shall enter accordingly. Signed by Judge Mark W Bennett on 04/28/2015. (src)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
DUANE A. DAVIDS and JULIE A.
No. C 14-3002-MWB
NORTH IOWA COMMUNITY
SCHOOL DISTRICT, JULIE
BALVANCE, JAMIE THOMSEN,
MICHAEL HOLSTAD, RANDE
GIESKING, MATT DUVE, RENAE
SACHS, TOM RYGH, ANDREA
BAKKER, DIEDRE WILLMERT, and
DEFENDANTS’ MOTION FOR
On February 19, 2015, the defendants filed their Motion For Summary Judgment
(docket no. 14). The plaintiffs filed no timely response. By Order (docket no. 15), filed
April 8, 2015, I recognized that I could simply grant the defendants’ Motion For
Summary Judgment, in light of the plaintiffs’ failure to respond, see N.D. IA. L.R. 7(f),
56(c), but that, in the interests of justice, I would set a final deadline of April 22, 2015,
for the plaintiffs to respond to the defendants’ Motion For Summary Judgment, in the
manner required by N.D. IA. L.R. 56. I warned that, if the plaintiffs did not file a
response by that deadline, I would, in all likelihood, grant the defendants’ Motion For
Summary Judgment without further notice. See N.D. IA. L.R. 56(c). The plaintiffs have
not filed any response to the defendants’ Motion For Summary Judgment in response to
my Order, nor have they filed a statement that they do not intend to resist. It is now time
to impose the consequences about which I warned the plaintiffs.
THEREFORE, the defendants’ February 19, 2014, Motion For Summary
Judgment (docket no. 14) is granted, in light of the plaintiffs’ failure to respond. See
N.D. IA. L.R. 56(c). Judgment shall enter accordingly.
IT IS SO ORDERED.
DATED this 28th day of April, 2015.
MARK W. BENNETT
U.S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA
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