Keokuk Junction Railway Company v. Toledo, Peoria & Western Railway Corp.

Filing 11

ORDER entered by Judge James E. Shadid on 9/14/11 - Accordingly, the Court now adopts the Report & Recommendation 10 of the Magistrate Judge in its entirety. Defendant's Motion to Dismiss 8 is DENIED. TP&W is directed to answer the Complaint within 21 days of this Order, and this mater is again REFERRED to Magistrate Judge Cudmore for further proceedings.(SF, ilcd)

E-FILED

Wednesday, 14 September, 2011 02:40:01 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS

KEOKUK JUNCTION RAILWAY
COMPANY,
Plaintiff,
v.
TOLEDO, PEORIA & WESTERN
RAILWAY CORP.,
Defendant.

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Case No. 11-1139

ORDER
On August 22, 2011, a Report & Recommendation was filed by Magistrate Judge Byron G.
Cudmore in the above captioned case. More than ten (10) days have elapsed since the filing of the
Report & Recommendation, and no objections have been made. See 28 U.S.C. § 636(b)(1); Fed. R.
Civ. P. 72(b); Lockert v. Faulkner, 843 F.2d 1015 (7th Cir. 1988); and Video Views, Inc. v. Studio
21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986). As the parties failed to present timely objections, any
such objections have been waived. Id.
The relevant procedural history is sufficiently set forth in the comprehensive Report &
Recommendation of the Magistrate Judge. Suffice it to say that Plaintiff has brought this litigation
alleging that Defendant, Toledo, Peoria & Western Railway (“TP&W”), failed to comply with its
obligation to deliver a quitclaim deed and other records following the closing on the sale of a rail line
to Plaintiff, Keokuk Junction Railway Co. (“KJRC”). TP&W moved to dismiss the Complaint,
arguing that KJRC’s claim is barred by the four-year federal catch-all statute of limitations, 28
U.S.C. § 1658(a). The Court concurs with the Magistrate Judge’s detailed discussion and

recommendation that TP&W has misconstrued the applicable statute of limitations and that the claim
is timely under Illinois’ five-year catch-all statute, 735 ILCS 5/13-205.
Accordingly, the Court now adopts the Report & Recommendation [#10] of the Magistrate
Judge in its entirety. Defendant’s Motion to Dismiss [#8] is DENIED. TP&W is directed to answer
the Complaint within 21 days of this Order, and this matter is again REFERRED to Magistrate Judge
Cudmore for further proceedings.
ENTERED this 14th day of September, 2011.

s/ James E. Shadid
James E. Shadid
United States District Judge

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