Opinion
Civil Action No. 4:04-CV-254-Y.
August 9, 2005
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
Pending before the Court is defendant Bell Helicopter Textron, Inc.'s Motion for Summary Judgment [doc. # 37], filed July 5, 2005. Having carefully considered the motion, and noting that the plaintiff wholly failed to file a response, the Court concludes that it should be, and is hereby, GRANTED for the reasons stated therein.
Plaintiff did file an "emergency" motion to re-open discovery on July 25, but that motion contained no reference to Defendant's summary-judgment 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.