The United States Of America et al v. Lexington-Fayette Urban County Government

Filing 87

OPINION & ORDER: (1) LFUCG's 83 Motion for Summary Judgment is GRANTED, & summary judgment will be entered in favor of LFUCG & (2) judgment consistent w/this Opinion & Order will be entered contemporaneously. Signed by Judge Karl S. Forester on 04/14/2011. (RJD)cc: COR

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON CIVIL ACTION NO. 06-386-KSF UNITED STATES OF AMERICA, et al. PLAINTIFFS and WALTER GAFFIELD, et al. V. INTERVENING PLAINTIFFS OPINION & ORDER LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT DEFENDANT ************* This matter is before the Court on the motion [DE # 83] of the Defendant, Lexington-Fayette Urban County Government (“LFUCG”), pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment in its favor and against Intervening Plaintiffs with respect to the Amended Intervening Complaint filed on July 27, 2007. LFUCG contends that the claims stated in the Amended Intervening Complaint are barred by the doctrine of res judicata due to the entry of the Consent Decree on January 3, 2011 [DE #77] and because the Intervening Plaintiffs’ claims raised in the Amended Intervening Complaint are now moot. The Intervening Plaintiffs have not filed any opposition to LFUCG’s motion for summary judgment, and the time for so filing has long expired. Additionally, LFUCG has notified the Court that the Intervening Plaintiffs do not intend to oppose the motion. Under Local Rule 7.1(c), “[f]ailure to timely respond to a motion may be grounds for granting the motion.” Here, the Court, having reviewed the record and finding LFUCG’s motion well taken, agrees that summary judgment is appropriate on the Intervening Plaintiffs’ claims against LFUCG. Accordingly, LFUCG’s motion will be granted. For the foregoing reasons, the Court hereby ORDERS as follows: (1) LFUCG’s motion for summary judgment [DE #83] is GRANTED, and summary judgment will be entered in favor of LFUCG; and (2) a judgment consistent with this Opinion & Order will be entered contemporaneously. This April 14, 2011. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?