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

Filing 95

ORDER entered by Judge Colin Stirling Bruce on 2/13/13. The Report and Recommendation 93 is accepted by this court. Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint 90 is GRANTED in part and DENIED in part. This case is referred to Magistrate Judge Bernthal for further proceedings in accordance with this order. See written Order. (TC, ilcd)

E-FILED

Thursday, 13 February, 2014 04:10:15 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
______________________________________________________________________________
STRATEGIC CAPITAL BANCORP, INC.,
Plaintiff,
v.
ST. PAUL MERCURY INSURANCE CO.,
Defendant.

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Case No. 10-CV-2062

ORDER
A Report and Recommendation (#93) was filed by Magistrate Judge David G. Bernthal in
the above cause on January 24, 2014. On February 7, 2014, Defendant St. Paul Mercury Insurance
Company filed its Objection to Report and Recommendation (#94). Following this court’s careful
de novo review of the Magistrate Judge’s reasoning and Defendant’s Objection, this court agrees
with and accepts the Magistrate Judge’s Report and Recommendation (#93). This court agrees that
Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint (#90) should be GRANTED
in part and DENIED in part.
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#93) is accepted by this court.
(2) Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint (#90) is
GRANTED in part and DENIED in part. The motion is GRANTED to the extent it seeks to strike
paragraphs 1-39 of the Second Amended Complaint and DENIED in all other respects.

(3) This case is referred to Magistrate Judge Bernthal for further proceedings in accordance
with this order.
ENTERED this 13th day of February, 2014.
s/ COLIN S. BRUCE
U.S. DISTRICT JUDGE

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