PNC Bank, National Association v. Nordwall et al

Filing 40

ORDER & OPINION Entered by Judge Joe Billy McDade on 1/11/13: IT IS THEREFORE ORDERED that the Court ADOPTS the Report and Recommendation of the Magistrate Judge 38 in full. Thus, the Court GRANTS Intervenor's Motion for Leave to File Counterc laim 33 , DENIES Intervenor's Motion to Dismiss Defendant Michael Nordwell 32 , GRANTS IN PART AND DENIES IN PART Plaintiff's Motion for Default Judgment 11 , and DENIES Plaintiff's Motion for Judgment of Foreclosure and Sale 12 , Motion to Appoint Special Commissioner 13 , Motion for Attorney Fees 14 , and Motion for Entry of Orders of Default and Judgment of Foreclosure and Sale 20 as premature. The parties are INVITED to file a motion for summary judgment within twenty-one days, if considered appropriate, to resolve the issues raised in the affirmative defense and counterclaim filed by the Intervenor pursuant to the Local Rules of this Court. SEE WRITTEN ORDER. (TK, ilcd)

E-FILED

Friday, 11 January, 2013 03:13:08 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
PNC BANK, NATIONAL
ASSOCIATION, Successor in Interest via
Merger to National City Bank of the
Midwest,
Plaintiff,
v.
MICHAEL A. NORDWALL and
MICHAEL A. NORDWALL, LTD.,
Defendants, and
CHARLES E. COVEY, Trustee,
Intervenor.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 11-cv-1451

ORDER & OPINION
This matter is before the Court on Intervenor’s Motion to Dismiss Defendant
Michael Nordwall (Doc. 32), Intervenor’s Motion for Leave to File Counterclaim
(Doc. 33), as well as multiple motions filed by Plaintiff: Motion for Default
Judgment (Doc. 11), Motion for Judgment of Foreclosure and Sale (Doc. 12), Motion
to Appoint Special Commissioner (Doc. 13), Motion for Attorney Fees (Doc. 14), and
Motion for Entry of Orders of Default and Judgment of Foreclosure and Sale (Doc.
20). Magistrate Judge Cudmore’s Report & Recommendation (“R&R”) (Doc. 38) is
also before the Court.
The parties were notified that failure to object to Judge Cudmore’s December
13, 2012, R&R within fourteen days after service of the R&R would constitute a
waiver of any objections. (Doc. 38 at 10). See 28 U.S.C. § 636(b)(1); Video Views, Inc.

v. Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986). Objections to the R&R were
due by December 27, 2012, and none were made. This Court has reviewed the R&R,
and will adopt it in its entirety.
IT IS THEREFORE ORDERED that the Court ADOPTS the Report and
Recommendation of the Magistrate Judge (Doc. 38) in full. Thus, the Court
GRANTS Intervenor’s Motion for Leave to File Counterclaim (Doc. 33), DENIES
Intervenor’s Motion to Dismiss Defendant Michael Nordwell (Doc. 32), GRANTS IN
PART and DENIES IN PART Plaintiff’s Motion for Default Judgment (Doc. 11), and
DENIES Plaintiff’s Motion for Judgment of Foreclosure and Sale (Doc. 12), Motion
to Appoint Special Commissioner (Doc. 13), Motion for Attorney Fees (Doc. 14), and
Motion for Entry of Orders of Default and Judgment of Foreclosure and Sale (Doc.
20) as premature. The parties are INVITED to file a motion for summary judgment
within twenty-one days, if considered appropriate, to resolve the issues raised in the
affirmative defense and counterclaim filed by the Intervenor pursuant to the Local
Rules of this Court.

Entered this 11th day of January, 2013.

s/ Joe B. McDade
JOE BILLY McDADE
United States Senior District Judge

2