Land O'Lakes, Inc. v. Falkirk Farmers Elevator Co.

Filing 23

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 14 Motion for Summary Judgment. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Land O'Lakes, Inc.,
Plaintiff,
vs.
Falkirk Farmers Elevator Co.,
Defendant.

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ORDER GRANTING MOTION
FOR SUMMARY JUDGMENT

Case No. 1:12-cv-085

Before the court is plaintiff’s motion for summary judgment. Defendant has failed to timely
respond.
Under D.N.D. Civ. L. R. 7.1(F), the failure to file a timely response “may be deemed an
admission that the motion is well taken.” In this case, given the circumstances, the court concludes
that defendant’s failure to respond is an admission that the motion is meritorious.
In addition, the court has reviewed plaintiff’s motion and supporting information. Based on
this review, the court concludes there is a basis for imposing liability upon defendant for the reasons
set forth in plaintiff’s motion as well as for concluding that the amount owed defendant by plaintiff
as of the date set forth below is $515,171.72, which includes interest on past due principals amounts
at the contract rate.
Based on the foregoing, plaintiff's motion for summary judgment (Docket No. 14) is
GRANTED and it is hereby ORDERED that judgment be entered against defendant and in favor
of plaintiff for the total sum of $515,171.72.
Dated this 16th day of October, 2012.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr.
United States Magistrate Judge