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American Family Mutual Insurance Company v. Coleman

United States District Court, S.D. Illinois
Feb 17, 2010
Case No. 09-cv-523-JPG (S.D. Ill. Feb. 17, 2010)

Opinion

Case No. 09-cv-523-JPG.

February 17, 2010


MEMORANDUM AND ORDER


This matter comes before the Court on Plaintiff American Family Mutual Insurance Company's ("American") Motion for Summary Judgment (Doc. 36) filed on January 6, 2010.

Pursuant to Local Rule 7.1(c), Defendants' response was due thirty days after the motion was filed, but thirty days have passed and Defendants have not responded. The Court may, it its discretion, construe a party's failure to file a timely response as an admission of the merits of the motion. S.D. Ill. L. R. 7.1(c). Accordingly, the Court hereby ORDERS Defendants to SHOW CAUSE on or before March 12, 2010, why the Court should not construe their failure to timely respond to American's summary judgment motion as an admission of its merits and enter judgment accordingly. Further, the Court DIRECTS the Clerk of Court to mail a copy of this Memorandum and Order, American's Motion for Summary Judgment (Doc. 36), and the Court's Memorandum and Order (Doc. 28) of November 19, 2009, wherein it denied without prejudice American's request for default judgment as to Defendant Christopher Coleman, to Christopher Coleman, Monroe County Jail, 225 East Third Street, Waterloo, IL 62298. The Court warns Coleman that if he is to respond to this Memorandum and Order, he will need to first explain his failure to appear or otherwise defend himself in this matter and show good cause why the Clerk of Court's Entry of Default (Doc. 14) should not be vacated. See Fed.R.Civ.P. 55(c).

IT IS SO ORDERED.


Summaries of

American Family Mutual Insurance Company v. Coleman

United States District Court, S.D. Illinois
Feb 17, 2010
Case No. 09-cv-523-JPG (S.D. Ill. Feb. 17, 2010)
Case details for

American Family Mutual Insurance Company v. Coleman

Case Details

Full title:AMERICAN FAMILY MUTUAL INSURANCE COMPANY Plaintiff, v. CHRISTOPHER…

Court:United States District Court, S.D. Illinois

Date published: Feb 17, 2010

Citations

Case No. 09-cv-523-JPG (S.D. Ill. Feb. 17, 2010)