Opinion
ACTION NO. 4:02-CV-1054-Y
February 20, 2004
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
Pending before the Court is defendant Bimbo Bakeries USA, Inc.'s Motion for Summary Judgment, filed January 12, 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 therein.
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. # 20-1] is GRANTED.