Strategic Capital Bancorp Inc et al v. St Paul Mercury Insurance Company et al

Filing 18

ORDER Entered by Chief Judge Michael P. McCuskey on 6/8/10. Report and Recommendations 13 is accepted by this court. Defendant's Motion to Dismiss 6 is denied as moot. Plaintiffs are ordered to file a single amended complaint. Case is referred to the Magistrate Judge for further proceedings. See written order. (KW, ilcd)

Tuesday, 08 June, 2010 12:03:21 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ____________________________________________________________________________ STRATEGIC CAPITAL BANCORP, INC., ) and GARY L. SVEC, ) ) Plaintiffs, ) v. ) Lead Case No. 10-CV-2062 ) ST. PAUL MERCURY INSURANCE ) COMPANY, DWIGHT MILLER, WELLS ) ANDERSON, GENE KING, TERESA KING ) and GLENDA L. LANE as Trustee of the ) GLENDA L. LANE TRUST ) Defendants. ) ) ) JOHN E. GORMAN, ) Plaintiff, ) ) Consolidated Case No. 10-CV-2062 v. ) ) ST. PAUL MERCURY INSURANCE ) COMPANY, DWIGHT MILLER, WELLS ) ANDERSON, GENE KING, TERESA KING ) and GLENDA L. LANE as Trustee of the ) GLENDA L. LANE TRUST, ) ) Defendants. ) ORDER A Report and Recommendation (#13) was filed by Magistrate Judge David G. Bernthal in the above cause on May 21, 2010. On May 27, 2010, Plaintiffs Strategic Capital Bancorp, Inc., Gary L. Svec, and John E. Gorman, filed their Objection to Report and Recommendation (#14). Defendant St. Paul Mercury Insurance Company filed its Objections (#17) on June 7, 2010. Following this court's careful de novo review of the Magistrate Judge's reasoning and the parties' Objections, this court agrees with and accepts the Magistrate Judge's Report and Recommendation (#13). This court agrees that Defendant's Motion to Dismiss (#6) should be

E-FILED

DENIED as MOOT and that the various Plaintiffs should be ordered to file a single amended complaint. IT IS THEREFORE ORDERED THAT: (1) The Report and Recommendation (#13) is accepted by this court. (2) Defendant's Motion to Dismiss (#6) is DENIED as MOOT. (3) Plaintiffs are ordered to file a single amended complaint. (4) This case is referred to the Magistrate Judge for further proceedings. ENTERED this 8TH day of June, 2010 s/ Michael P. McCuskey MICHAEL P. McCUSKEY CHIEF U.S. DISTRICT JUDGE