The opinion of the court was delivered by: James E. Shadid United States District Judge
E-FILED Thursday, 23 June, 2011 11:58:17 AM Clerk, U.S. District Court, ILCD
The Honorable James E. Shadid Magistrate Judge G. Cudmore
On March 30, 2011, a Report and Recommendation was filed by Magistrate Judge Byron G. Cudmore in the above captioned case recommending that Defendant's Motion to Dismiss be denied. Defendant Princeton National Bancorp, Inc. d/b/a Citizens National Bank of Princeton ("Citizens") filed a timely objection to the Report and Recommendation and this Order follows.
The relevant facts were sufficiently set forth in the comprehensive Report & Recommendation of the Magistrate Judge and need not be restated here. Suffice it to say that this action arises out of alleged sex discrimination and retaliation by Citizens against Stephanie Balensiefen under Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act.
42 U.S.C. § 2000e-2(a)(1); 775 ILCS 5/1-102(A)(2008). It also arises out of alleged retaliation against Balensiefen under Section 20 of the Illinois Whistleblower Act ("IWA"). 740 ILCS 174/20 (2008). As indicated by the Report and the Plaintiff's Response to Citizens Motion to Dismiss, the Plaintiff's state law claim may additionally-or more accurately-fall under Section 15 of the IWA.
Balensiefen, as a citizen of Florida, originally brought this action before the Court based on diversity jurisdiction. In her Second Amended Complaint, Plaintiff added Title VII claims to her allegations-thereby brining her complaint within the scope of federal question jurisdiction. Supplemental jurisdiction over Plaintiff's IWA claims exists pursuant to 28 U.S.C. § 1367. Plaintiff twice amended her complaint and Defendant brought a Motion to Dismiss against Plaintiff's Second Amended Complaint. The Magistrate Judge recommended that the Motion to Dismiss be denied regarding all of the Plaintiff's claims. Citizens filed timely objections to the Report and Recommendation. Balensiefen filed a response to Citizens objections, and this Order follows.
A district court reviews de novo any portion of a magistrate judge's report and recommendation to which written objections have been made. See Fed. R. Civ. P. 72(b). "The district judge may accept, reject, or modify the recommended decision, receive further evidence, or recommit the matter to the magistrate judge with instructions." Id.
Citizens objects to the Report and Recommendation ("Report") with regard to three matters. First, Citizens takes issue with the Report's recommendation that Plaintiff's Second Amended Complaint can be supplemented with allegations in Plaintiff's Answer to state a claim under Section 15 of the IWA. Second, Citizens objects to the Report's finding that Plaintiff's internal reports of Citizens' violations of the Truth in Lending Act state a claim pursuant to Section 20 of the IWA. Third, Citizens opposes the Report's finding that Plaintiff's Second Amended Complaint complies with Rules 8(a) and 10(b) of the Federal Rules of Civil Procedure. Each objection will be addressed in turn.
I. FACTS EXTERNAL TO PLAINTIFF'S SECOND AMENDED COMPLAINT UTILIZED TO OPPOSE A MOTION TO DISMISS
Citizens maintains that Balensiefen's Second Amended Complaint insufficiently states a plausible claim under Section 15 of the IWA. Citizens further contends that, given this alleged failure in limine to state a plausible claim, facts outside the Plaintiff's Second Amended Complaint cannot be used ...