Opinion
No. 12-cv-316-DRH-PMF
07-09-2012
JAMES MELVIN RUSSELL, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.
ORDER
HERNDON , Chief Judge:
Pending before the Court is defendant's motion to strike plaintiff's request for prejudgment interest from his prayer for relief under Monessen Sw. Ry. Co. v. Morgan, 486 U.S. 330, 337-38 (1988) (holding federal law does not authorize awards of prejudgment interest in Federal Employers' Liability Act suits) (Doc. 11). Defendant filed its instant motion on June 19, 2012. Thus, plaintiff's response was due by July 6. 2012. See SDIL-LR 5.1(c); 7.1(g). The Court deems plaintiff's failure to respond an admission of the merits of defendant's motion. SDIL-LR 7.1(c)(2). Further, consistent with Monessen, plaintiff's request for prejudgment interest must be stricken. Monessen, 486 U.S. at 338. Accordingly, defendant's motion is GRANTED (Doc. 11). Plaintiffs request for prejudgment interest is stricken.
IT IS SO ORDERED.
Chief Judge
United States District Court