Gilbert Land Development, Inc., an Illinois Corporation v. Jennings Wells et al

Filing 31

ORDER entered by Chief Judge Michael P. McCuskey on 5/4/2011 adopting Report and Recommendations regarding 26 . Defendants' Motion to Dismiss 12 and Motion to Dismiss 19 are granted. Plaintiff's Complaint 1 is dismissed with prejudice as to all defendants. Plaintiff's Motion for Entry of Default 16 is denied. Plaintiff's Motion for Temporary Restraining Order 2 is moot. This case is terminated. See written order. (JMW, ilcd)

E-FILED

Wednesday, 04 May, 2011 01:25:57 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
_____________________________________________________________________________
GILBERT LAND DEVELOPMENT, INC. an
Illinois Corporation,
Plaintiff,
v.
SUZANNE JENNINGS WELLS,
W.E. EXCAVATING, INC., an Illinois
Corporation; and KELLY FINET, in her
individual and official capacity as a Public
Administrator,
Defendants.

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Case No. 10-CV-2246

ORDER
A Report and Recommendation (#26) was filed by Magistrate Judge David G. Bernthal in
the above cause on March 9, 2011. On March 28, 2011, Plaintiff Gilbert Land Development, Inc.,
filed their Objection to Report and Recommendation (#27). On April 5, 2011, Defendant Kelly
Finet filed her Response to Plaintiff’s Objections (#29). Defendant Suzanne Jennings Wells filed
her Response to Plaintiff’s Objections (#30) on April 6, 2011. Following this court’s careful de
novo review of the Magistrate Judge’s reasoning and Plaintiff’s Objection, this court agrees with
and accepts the Magistrate Judge’s Report and Recommendation (#26). This court agrees that
Defendants’ Motion to Dismiss (#12) and Motion to Dismiss (#19) should be GRANTED.
Plaintiff’s Motion for Entry of Default (#16) is DENIED. Plaintiff’s Motion for a Temporary
Restraining Order (#2) is MOOT.
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#26) is accepted by this court.
(2) Defendants’ Motion to Dismiss (#12) and Motion to Dismiss (#19) are GRANTED.
(3) Plaintiff’s Complaint (#1) is dismissed with prejudice as to ALL Defendants.
(4) Plaintiff’s Motion for Entry of Default (#16) is DENIED.
(5) Plaintiff’s Motion for Temporary Restraining Order (#2) is MOOT.

(6) This case is terminated.
ENTERED this 4th day of May, 2011
s/ Michael P. McCuskey
MICHAEL P. McCUSKEY
CHIEF U.S. DISTRICT JUDGE

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