The opinion of the court was delivered by: Michael P. McCUSKEY U.S. District Judge
E-FILED Monday, 16 July, 2012 02:42:35 PM Clerk, U.S. District Court, ILCD
On June 22, 2012, Magistrate Judge David G. Bernthal filed a Report and Recommendation (#14) in the above cause. Judge Bernthal recommended granting, in part, and denying, in part, the Motion to Dismiss (#2) filed by Defendants. On July 6, 2012, Defendant Petersen Health Care VII, LLC filed an Objection to the Magistrate Judge's Report and Recommendation (#15).
Following this court's careful de novo review of Judge Bernthal's reasoning and Defendant's Objections, this court agrees with and accepts the Report and Recommendation (#14). This court agrees with Judge Bernthal's thorough and well-supported analysis.
IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#14) is accepted by this court.
(2) The Motion to Dismiss (#2) filed by Defendants, Petersen Health Care VII, LLC, and Darin Wall, is GRANTED, in part, and DENIED, in part. The Motion to Dismiss is granted with respect to Count 7 of Plaintiff's Complaint. The Motion to Dismiss is denied with respect to Counts 1 through 6 of Plaintiff's Complaint.
(3) Because Count 7 is the only count which names Defendant Wall, Defendant Wall is dismissed from the case and terminated as a Defendant.
(4) Defendant Petersen Health Care VII, LLC, is allowed twenty-one (21) days to file its Answer to Plaintiff's Complaint.
(5) This case is referred to Judge Bernthal for further proceedings.
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