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Strategic Capital Bancorp, Inc. v. St. Paul Mercury Insurance Co.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION


June 8, 2010

STRATEGIC CAPITAL BANCORP, INC., AND GARY L. SVEC, PLAINTIFFS,
v.
ST. PAUL MERCURY INSURANCE COMPANY, DWIGHT MILLER, WELLS ANDERSON, GENE KING, TERESA KING AND GLENDA L. LANE AS TRUSTEE OF THE GLENDA L. LANE TRUST DEFENDANTS.
JOHN E. GORMAN, PLAINTIFF,
v.
ST. PAUL MERCURY INSURANCE COMPANY, DWIGHT MILLER, WELLS ANDERSON, GENE KING, TERESA KING AND GLENDA L. LANE AS TRUSTEE OF THE GLENDA L. LANE TRUST, DEFENDANTS.

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

ORDER

A Report and Recommendation (#13) was filed by Magistrate Judge David G. Bernthal in the above cause on May 21, 2010. On May 27, 2010, Plaintiffs Strategic Capital Bancorp, Inc., Gary L. Svec, and John E. Gorman, filed their Objection to Report and Recommendation (#14). Defendant St. Paul Mercury Insurance Company filed its Objections (#17) on June 7, 2010. Following this court's careful de novo review of the Magistrate Judge's reasoning and the parties' Objections, this court agrees with and accepts the Magistrate Judge's Report and Recommendation (#13). This court agrees that Defendant's Motion to Dismiss (#6) should be DENIED as MOOT and that the various Plaintiffs should be ordered to file a single amended complaint.

IT IS THEREFORE ORDERED THAT:

(1) The Report and Recommendation (#13) is accepted by this court.

(2) Defendant's Motion to Dismiss (#6) is DENIED as MOOT.

(3) Plaintiffs are ordered to file a single amended complaint.

(4) This case is referred to the Magistrate Judge for further proceedings.

ENTERED this 8TH day of June, 2010

20100608

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