Opinion
Action No. 4:03-CV-905-Y.
January 13, 2005
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
Pending before the Court is defendant America Online, Inc.'s Motion For Summary Judgment, filed November 29, 2004. Having carefully considered the motion, and noting that the plaintiff wholly failed to file a response, the Court concludes that it should be GRANTED for the reasons stated in the motion.
Federal Rule of Civil Procedure 56(e) states:
When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.
Therefore, it is ORDERED that the defendant's Motion for Summary Judgment [doc. # 40-1] is GRANTED.
FINAL JUDGMENT
Pursuant to the order issued this same day, and Federal Rule of Civil Procedure 58,It is hereby ORDERED, ADJUDGED, and DECREED that defendant America Online, Inc. ("AOL") is hereby entitled to judgment as a matter of law that plaintiff C.I. Host, Inc. take nothing on its claims against AOL. It is further ORDERED, ADJUDGED, and DECREED that such claims be and are hereby DISMISSED WITH PREJUDICE. All costs under 28 U.S.C. § 1920 shall be taxed against the plaintiff.