PNC Bank et al v. United States Army Corps of Engineers et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 24 and 33 . The Court dismisses Count III and Count IV of the Complaint as to Defendant WalshConstruction Company; dismisses without prejudice Count V of the Complaint as to Defendant Walsh Construction Company; and dismiss the Cross-Claim of Cross-Claimant Little Calumet River Basin Development Commission as to Cross-Defendant Walsh Construction Company. Signed by Judge Joseph S Van Bokkelen on 3/2/2015. (rmn)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
PNC BANK, NATIONAL ASSOCIATION, )
f/k/a NATIONAL CITY BANK,
)
SUCCESSOR TRUSTEE OF TRUST #972 )
DATED MARCH 10, 1960,
)
Plaintiff,
)
)
v.
)
)
UNITED STATES ARMY CORPS OF
)
ENGINEERS, LITTLE CALUMET RIVER )
BASIN DEVELOPMENT COMMISSION )
and WALSH CONSTRUCTION
)
COMPANY,
)
Defendants,
)
____________________________________)
)
LITTLE CALUMET RIVER BASIN
)
DEVELOPMENT COMMISSION,
)
Cross-Claimant,
)
)
v.
)
)
UNITED STATES ARMY CORPS OF
)
ENGINEERS and WALSH
)
CONSTRUCTION COMPANY,
)
Cross-Defendants.
)

CAUSE NO. 2:13-CV-374-JVB-JEM

ORDER
The Court referred to Magistrate Judge John Martin two of Defendant Walsh Construction
Company’s motions: motion to dismiss for lack of jurisdiction (DE 24) and motion to dismiss (DE
33). On February 4, 2015, Judge Martin issued his report and recommendation, advising the parties
at the same time that they had fourteen days to file any objections with this Court. To date, no
objections have been filed.
Accordingly, the Court accepts and adopts Judge Martin’s recommendations and—
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•

dismisses Count III and Count IV of the Complaint as to Defendant Walsh
Construction Company;

•

dismisses without prejudice Count V of the Complaint as to Defendant Walsh
Construction Company; and

•

dismiss the Cross-Claim of Cross-Claimant Little Calumet River Basin Development
Commission as to Cross-Defendant Walsh Construction Company.

SO ORDERED on March 2, 2015.

S/ Joseph S. Van Bokkelen
JOSEPH S. VAN BOKKELEN
UNITED STATES DISTRICT JUDGE

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