Laurent v. Time Insurance Company et al

Filing 17

ORDER entered by Judge Michael P. McCuskey on 5/7/2012. The Report and Recommendation 15 is accepted by this court. The Motion to Dismiss 7 is GRANTED. See written order. (JMW, ilcd)

E-FILED

Monday, 07 May, 2012 04:43:11 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
______________________________________________________________________________
JUDITH LAURENT,

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Plaintiff,
v.
TIME INSURANCE COMPANY, et al.,
Defendants.

Case No. 11-CV-2219

ORDER

On April 16, 2012, Magistrate Judge David G. Bernthal filed a Report and
Recommendation (#15) in the above cause. Judge Bernthal recommended granting the
Motion to Dismiss (#7) filed by Defendant, Time Insurance Company. Judge Bernthal
accordingly recommended that the case should be dismissed with prejudice and Plaintiff
should not be permitted to file her proposed amended complaint. On May 1, 2012, Plaintiff,
Judith Laurent, filed her Objections to Report and Recommendation Denying Plaintiff’s
Motion to File An Amended Complaint (#16). Plaintiff has challenged Judge Bernthal’s
conclusion that granting Plaintiff leave to file her proposed amended complaint would be
futile because the claim would be barred by res judicata.
Following this court’s careful de novo review of Judge Bernthal’s reasoning and
Plaintiff’s Objections, this court agrees with and accepts the Report and Recommendation
(#15). This court agrees with Judge Bernthal’s thorough and well-supported analysis.
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#15) is accepted by this court.

(2) The Motion to Dismiss (#7) filed by Defendant, Time Insurance Company, is
GRANTED.
(3) Plaintiff’s complaint is dismissed with prejudice.
(4) This case is terminated.
ENTERED this 7th day of May, 2012
s/ Michael P. McCuskey
MICHAEL P. McCUSKEY
U.S. DISTRICT JUDGE

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