Jones v. Bantry Group Corp et al

Filing 48

MEMORANDUM AND ORDER, The Court ADOPTS the Report with the corrections noted in footnote 1 (Doc. 45 ); DENIES Harding's motion to dismiss (Doc. 28 ); DENIES the defendants' motion for summary judgment (Doc. 38 ); DISMISSES the remaining claims in this case without prejudice for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b); and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 10/12/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JAMES JONES,
Plaintiff,
v.

Case No. 15-cv-1264-JPG-DGW

BANTRY GROUP CORP. d/b/a Wexford Health
Sources, Inc., DR. JOHN COE, ELAINE
HARDING and UNKNOWN PARTIES,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
45) of Magistrate Judge Donald G. Wilkerson recommending that the Court deny defendant Elaine
Harding’s motion to dismiss (Doc. 28), deny the defendants’ motion for summary judgment (Doc.
38), and dismiss this case for want of prosecution
The Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P.
72(b)(3). The Court must review de novo the portions of the report to which objections are made.
Id. “If no objection or only partial objection is made, the district court judge reviews those
unobjected portions for clear error.” Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir.
1999).
The Court has received no objection to the Report. The Court has reviewed the entire file
and, with the exception of a few typographical errors,1 finds that the Report is not clearly
erroneous. Accordingly, the Court hereby:
Specifically, on pages 1 and 7, the motion to dismiss (Doc. 28) was filed by Harding on March
10, 2016, not 3016, and on page 7, the motion for summary judgment (Doc. 38) was filed by the
defendants on May 18, 2016, not May 38, 2016.
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

ADOPTS the Report with the corrections noted in footnote 1 (Doc. 45);



DENIES Harding’s motion to dismiss (Doc. 28);



DENIES the defendants’ motion for summary judgment (Doc. 38);



DISMISSES the remaining claims in this case without prejudice for lack of prosecution
pursuant to Federal Rule of Civil Procedure 41(b); and



DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.
DATED: October 12, 2016
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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