Opinion
Case No. 2:03CV781DAK.
February 9, 2005
ORDER DISMISSING CASE
On November 24, 2004, Plaintiff moved for summary judgment. The time for Defendant to oppose that motion was December 28, 2004, which has well passed. Accordingly, pursuant to Rule 56(e) of the Federal Rules of Civil Procedure and DUCivR 56-1(f), this court grants Plaintiff's motion for summary judgment based on Defendant's failure to respond. Moreover, based on the arguments in Plaintiff's motion and supporting materials, it appears that Defendant has failed to respond to Requests for Admission and that Plaintiff is entitled to judgment as a matter of law. The clerk of the court is directed to enter judgment in Plaintiff's favor and against Defendant Jason McFarland.