Kauffman v. Petersen Health Care VII, LLC et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS Entered by Judge Michael P. McCuskey on 7/16/12. IT IS THEREFORE ORDERED THAT: (1) The Report and Recommendation 14 is accepted by this court. (2) The Motion to Dismiss 2 filed by Defendants, Petersen Health Care VII, LLC, and Darin Wall, is GRANTED, in part, and DENIED, in part. The Motion to Dismiss is granted with respect to Count 7 of Plaintiff's Complaint. The Motion to Dismiss is denied with respect to Counts 1 through 6 of Plaintiff& #039;s Complaint. (3) Because Count 7 is the only count which names Defendant Wall, Defendant Wall is dismissed from the case and terminated as a Defendant. (4) Defendant Petersen Health Care VII, LLC, is allowed twenty-one (21) days to file its Answer to Plaintiffs Complaint. (5) This case is referred to Judge Bernthal for further proceedings. SEE ORDER. (SKD, ilcd)

E-FILED

Monday, 16 July, 2012 02:42:35 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
______________________________________________________________________________
DEBRA KAUFFMAN,

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Plaintiff,
v.
PETERSEN HEALTH CARE VII, LLC,
d/b/a Mason Point & DARIN WALL,
Individually,
Defendants.

Case No. 12-CV-2079

ORDER

On June 22, 2012, Magistrate Judge David G. Bernthal filed a Report and
Recommendation (#14) in the above cause. Judge Bernthal recommended granting, in part,
and denying, in part, the Motion to Dismiss (#2) filed by Defendants. On July 6, 2012,
Defendant Petersen Health Care VII, LLC filed an Objection to the Magistrate Judge’s
Report and Recommendation (#15).
Following this court’s careful de novo review of Judge Bernthal’s reasoning and
Defendant’s Objections, this court agrees with and accepts the Report and Recommendation
(#14). This court agrees with Judge Bernthal’s thorough and well-supported analysis.
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#14) is accepted by this court.
(2) The Motion to Dismiss (#2) filed by Defendants, Petersen Health Care VII, LLC,
and Darin Wall, is GRANTED, in part, and DENIED, in part. The Motion to Dismiss is
granted with respect to Count 7 of Plaintiff’s Complaint. The Motion to Dismiss is denied

with respect to Counts 1 through 6 of Plaintiff’s Complaint.
(3) Because Count 7 is the only count which names Defendant Wall, Defendant Wall
is dismissed from the case and terminated as a Defendant.
(4) Defendant Petersen Health Care VII, LLC, is allowed twenty-one (21) days to file
its Answer to Plaintiff’s Complaint.
(5) This case is referred to Judge Bernthal for further proceedings.
ENTERED this 16th day of July, 2012
s/ Michael P. McCuskey
MICHAEL P. McCUSKEY
U.S. DISTRICT JUDGE

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