Opinion
Case No. 2:03CV490DAK
December 11, 2003
ORDER
Defendant Lundberg Associates ("Lundberg") filed a Motion for Judgment on the Pleadings on October 29, 2003, Plaintiff has failed to respond to the motion, and the time for doing so has long-since expired. Because Plaintiff has failed to state a claim against Lundberg and also because Plaintiff has failed to respond to the motion, the motion is granted.
Furthermore, Plaintiff filed the Complaint on April 23, 2003. There is no indication in the record that Defendant Bankers Trust Company ("Bankers Trust") has ever been served, and the time for service under Rule 4 of the Federal Rules of Civil Procedure has expired. Thus, the Complaint is dismissed against Bankers Trust.
Accordingly, IT IS HEREBY ORDERED that Defendant Lundberg's Motion for Judgment on the Pleadings [Docket #5] is GRANTED. Plaintiffs action against Lundberg is DISMISSED. Additionally. Plaintiffs action against Banker's Trust is DISMISSED. This case is now closed.