BidZirk LLC et al v. Smith

Filing 81

ORDER giving the defendant through 4/26/07 to respond to 72 MOTION for Summary Judgment filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Signed by Judge William M Catoe on 4/2/07. (ladd, )

BidZirk LLC et al v. Smith

Doc. 81

6:06-cv-00109-HMH

Date Filed 04/02/2007

Entry Number 81

Page 1 of 1

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Bidzirk, LLC, Daniel Schmidt, III, and Jill Patterson, Plaintiffs, vs. Philip J. Smith, Defendant. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 6:06-0109-HMH-WMC ORDER

The defendant is proceeding in this action pro se. On January 15, 2007, the plaintiff filed a motion for summary judgment. By order of this court filed January 16, 2007, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the defendant was advised of the summary judgment procedure and the possible consequences if he failed to respond adequately. Despite this explanation, the defendant elected not to respond to the motion. As the defendant has failed to respond to the motion for summary judgment, it appears to the court that he no longer wishes to contest this action. Therefore, IT IS ORDERED that the defendant shall have through April 26, 2007, to file his response to the motion for summary judgment. The defendant is advised that if he fails to respond, judgment will be entered against him in this case. Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978). IT IS SO ORDERED. s/W illiam M. Catoe United States Magistrate Judge April 2, 2007 Greenville, South Carolina

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