Opinion
Case No. 07-11735.
September 19, 2008
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND/OR FOR ENTRY OF SUMMARY JUDGMENT
This matter came before the court on Defendants' March 18, 2008 Motion to Dismiss and/or for Entry of Summary Judgment. Plaintiff Richard K. Holman failed to file a timely response; and on July 30, 2008, the court ordered Plaintiff to respond on or before August 20, 2008. To date, no response has been filed.
Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is appropriate against a party who fails to make a showing sufficient to establish the existence of all elements essential to that party's case and on which that party bears the burden of proof. Celotex Corp. v. Catrett, 447 U.S. 317 (1986). The party opposing the motion must make an affirmative showing with proper evidence to defeat a motion for summary judgment.Street v. J.C. Bradford Co., 886 F.2d 1472 (6th Cir. 1989).
In this case plaintiff Holman has failed to make any showing with any evidence to defeat Defendants' motion for summary judgment.