IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHWESTERN DIVISION
October 16, 2012
LAND O'LAKES, INC., PLAINTIFF,
FALKIRK FARMERS ELEVATOR CO., DEFENDANT.
The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
Before the court is plaintiff's motion for summary judgment. Defendant has failed to timely respond.
Under D.N.D. Civ. L. R. 7.1(F), the failure to file a timely response "may be deemed an admission that the motion is well taken." In this case, given the circumstances, the court concludes that defendant's failure to respond is an admission that the motion is meritorious.
In addition, the court has reviewed plaintiff's motion and supporting information. Based on this review, the court concludes there is a basis for imposing liability upon defendant for the reasons set forth in plaintiff's motion as well as for concluding that the amount owed defendant by plaintiff as of the date set forth below is $515,171.72, which includes interest on past due principals amounts at the contract rate.
Based on the foregoing, plaintiff's motion for summary judgment (Docket No. 14) is GRANTED and it is hereby ORDERED that judgment be entered against defendant and in favor of plaintiff for the total sum of $515,171.72.
Charles S. Miller, Jr.
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