The United States Of America et al v. Lexington-Fayette Urban County Government
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
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
CIVIL ACTION NO. 06-386-KSF
UNITED STATES OF AMERICA, et al.
WALTER GAFFIELD, et al.
OPINION & ORDER
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
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:
LFUCG’s motion for summary judgment [DE #83] is GRANTED, and summary
judgment will be entered in favor of LFUCG; and
a judgment consistent with this Opinion & Order will be entered contemporaneously.
This April 14, 2011.
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?