UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS
August 14, 2006
RYDENE AMUNDSEN AND WINIFRED AMUNDSEN, PLAINTIFFS,
MID CENTRAL OPERATING ENGINEERS HEALTH & WELFARE FUND, DEFENDANT.
The opinion of the court was delivered by: Joe Billy McDADE United States District Judge
Before the Court is Magistrate Judge Cudmore's Report and Recommendation [Doc. # 18], which addresses Defendant's Motion to Strike and Dismiss Plaintiff's Complaint under Fed. R. Civ. P. 12(b)(6) and 12(f) [Doc. # 15]. The parties have not filed any objections within the ten (10) days allotted by 28 U.S.C. § 636(b)(1). Failure to object constitutes a waiver of any objections. See Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999); Video Views Inc. v. Studio 21 Ltd., 797 F.2d 538 (7th Cir. 1986). Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge.
IT IS THEREFORE ORDERED that Defendant's Motion is GRANTED IN PART and DENIED IN PART. The motion is granted to the extent it seeks to strike Plaintiffs' claim for compensatory damages pursuant to § 502(a)(1)(B) of ERISA. The motion is denied in all other respects.
Entered this 14th day of August, 2006.
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