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Livestock v. Pure Cattle

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS


September 20, 2010

INTEGRATED LIVESTOCK AND MANAGEMENT COMPANY, PLAINTIFF,
v.
PURE CATTLE, LLC. AND GARY EDWARDS, DEFENDANTS.

The opinion of the court was delivered by: Michael M. Mihm United States District Judge

ORDER

For the reasons set forth in the comprehensive Report & Recommendation of the Magistrate Judge, as well as the reasons given during the August 31, 2010, and September 17, 2010, motion hearings, the Court now finds as follows:

1. The attachment order entered by the Knox County Circuit Court on October 2, 2009, was not entered in compliance with state law, and it is therefore void.

2. Based on Plaintiff's representations that no bond will be entered, granting the federal Motion for Attachment would be an exercise in futility, as without the posting of adequate bond, any such order is void.

3. The Report & Recommendation of the Magistrate Judge [#28] is ADOPTED in its entirety. Accordingly, the Motion to Vacate and Dissolve Order of Attachment dated 10/2/2009 and to Quash its Levy [#9] is GRANTED, and Plaintiff's Motion to Dismiss and Strike [#22] is GRANTED IN PART and DENIED IN PART.

4. Plaintiff's Motion/Complaint for Attachment [#30] is DENIED. 5. This matter is referred to Magistrate Judge Cudmore for Rule 16 conference.

20100920

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