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Brian Route 50 Auto Sales, Inc. v. City of Kankakee

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION


January 25, 2010

BRIAN ROUTE 50 AUTO SALES, INC., AN ILLINOIS CORPORATION, D/B/A KANKAKEE AUTO MART, PLAINTIFF,
v.
CITY OF KANKAKEE, BEAUPRE'S INC., AND WILLIAM BALTHUN D/B/A BALTHUN AUTOMOTIVE, DEFENDANTS.

The opinion of the court was delivered by: Michael P. McCUSKEY Chief U.S. District Judge

ORDER

A Report and Recommendation (#11) was filed by Magistrate Judge David G. Bernthal in the above cause on January 4, 2010. 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 (#11) is accepted by this court.

(2) The Motion to Dismiss Count I of Plaintiff's Complaint (#6) filed by Defendant City of Kankakee is GRANTED. Count I is dismissed with prejudice.

(3) Because the remaining claims against Defendants Beaupre's Inc. and Balthun raise state law issues, this court declines to exercise supplemental jurisdiction over those claims. Accordingly, this case is remanded to the circuit court of Kankakee County.

(4) This case is terminated.

ENTERED this 25th day of January, 2010

20100125

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