US Bank v Fed Ex Ground et al

Filing 51

ORDER entered by Judge Michael P. McCuskey on 1/3/2013. The Report and Recommendation 40 is accepted by this court. Defendants' Motion to Dismiss 34 is GRANTED without prejudice as toCounts IX and X and DENIED as to Counts III, IV, VII and VIII. This case is referred to Judge Bernthal for further proceedings. See written order. (JMW, ilcd)

E-FILED

Thursday, 03 January, 2013 01:58:07 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
______________________________________________________________________________
U.S. BANK, as legal representative of the
Estate of Martinez D. Jones, deceased,
Plaintiff,
v.
FED EX GROUND PACKAGE SERVICE,
INC., et al.,
Defendants.

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Case No. 12-CV-2084

ORDER

A Report and Recommendation (#40) was filed by Magistrate Judge David G.
Bernthal in the above cause on November 6, 2012. More than fourteen (14) days have
elapsed since the filing of the Recommendation and no objections have been made. See 28
U.S.C. § 636(b)(1). The Recommendation of the Magistrate Judge is, therefore, accepted by
the court. See Video Views, Inc. v. Studio 21, Ltd, 797 F.2d 538 (7th Cir. 1986).
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#40) is accepted by this court.
(2) Defendants’ Motion to Dismiss (#34) is GRANTED without prejudice as to
Counts IX and X and DENIED as to Counts III, IV, VII and VIII.
(3) This case is referred to Judge Bernthal for further proceedings.
ENTERED this 3rd day of January, 2013.
s/MICHAEL P. McCUSKEY
U.S. DISTRICT JUDGE