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Vidmar Distributors, Inc. v. Marley Engineered Products

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 26, 2011

VIDMAR DISTRIBUTORS, INC.
PLAINTIFF,
v.
MARLEY ENGINEERED PRODUCTS, LLC., DEFENDANT.

The opinion of the court was delivered by: Hon. John E. Jones III

MEMORANDUM

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

Presently pending in this action that was removed from York County Court on July 6, 2011, is Defendant Marley Engineered Products' ("Defendant") Motion to Dismiss. (Doc. 3.) Defendant filed the Motion and a Brief in Support thereof on June 13, 2011. ( See Docs. 3, 4.) The time to file a Brief in Opposition expired on June 30, 2011 with no response from Plaintiff Vidmar Distributors, Inc. ("Plaintiff"). Though pursuant to our Local Rules we may have deemed Plaintiff not to oppose the Motion and granted it based upon Plaintiff's failure to respond, in an abundance of caution we issued an Order warning Plaintiff that we will grant the Motion as unopposed unless Plaintiff filed a response by Monday, July 25, 2011. (Doc. 7.) Plaintiff neglected to respond, and we can only assume that it has abandoned this litigation and does not oppose the Motion to Dismiss. In addition to Plaintiff's failure to oppose, we find upon thorough review of the Motion and the Complaint that the merits of the Motion to Dismiss likewise justify dismissal.*fn1

An appropriate Order shall enter.


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