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Holding v. Cook

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION


October 9, 2007

CAROL HOLDING, PLAINTIFF,
v.
CRAIG COOK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Joe Billy McDade United States District Judge

OPINION AND ORDER

Before the Court is a Report and Recommendation filed by Magistrate Judge Byron G. Cudmore. [Doc. 19.] Judge Cudmore recommends that this Court grant a Motion to Dismiss Count V of Plaintiff's Complaint [Doc. 8] and that this Court grant in part and deny in part a second Motion to Dismiss [Doc. 12] filed by Defendant Fidelity and Guaranty Life Insurance Co. ("Fidelity"). Specifically, Judge Cudmore recommends that this Court dismiss Plaintiff's RICO claim on the grounds that Plaintiff has not alleged a pattern of racketeering activity, an essential elemento fo a RICO claim under 18 U.S.C. § 1962(c), and that this Court allow all other claims to proceed.

At the time that the Report and Recommendation was filed, the parties were informed that any objection to Judge Cudmore's recommendation should be filed within ten working days after service of Judge Cudmore's report. And, they were informed that any failure to timely object would constitute a waiver of any objection on appeal. Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986); See also Local Rule 72.2. However, neither party has objected to Judge Cudmore's recommendation, and the date for objecting to the Report and Recommendation has passed. Accordingly this Court adopts Judge Cudmore's Report and Recommendation in full.

CONCLUSION

IT IS THEREFORE ORDERED that Judge Cudmore's Report and Recommendation [Doc. 19] is ADOPTED.

IT IS FURTHER ORDER that Defendants' Motion to Dismiss Count V [Doc. 8] is GRANTED. Plaintiff's RICO claim is DISMISSED. And, Defendant Fidelity's Motion to Dimiss [Doc. 12] is GRANTED IN PART and DENIED IN PART. It is granted to the extent that it seeks to dismiss Plaintiff's RICO claim. Defendant Fidelity's Motion to Dismiss is otherwise DENIED.

This matter is referred to the Magistrate Judge for further pre-trial proceedings.

ENTERED this 9th day of October, 2007.

20071009

© 1992-2007 VersusLaw Inc.



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