Bonar v. Ray et al
| Joseph Bonar |
| Mark . Ray, Berwick Black Cattle Company, Leon Borck, Ward Feed Yard, Inc., ILS Financing, Inc. and WFY Holding Co |
| 1:2009cv01185 |
| May 26, 2009 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Warren |
| John A. Gorman |
| Joe Billy McDade |
| Plaintiff |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| Plaintiff |
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Filing
44
ORDER and OPINION Entered by Judge Joe Billy McDade on 6/7/2012. In light of the granting of this Motion as to Ward Feed Yard, Inc. and ILS Financing, Inc., and the entry of default as to Mark Ray and Berwick Black Cattle Company, the Court invites P laintiff to move to dismiss or, in the alternative, to renew his Motion for Default Judgment against these two remaining Defendants within 21 days. IT IS THEREFORE ORDERED that the Stipulated Motion for Final Dismissal with Prejudice of this action as to Ward Feed Yard, Inc. and ILS Financing, Inc. (Doc. 43) is GRANTED. The Clerk is DIRECTED to enter final judgment of dismissal with prejudice as to these Defendants pursuant to Federal Rule of Civil Procedure 54(b). (KB, ilcd)
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Filing
30
OPINION and ORDER Entered by Judge Joe Billy McDade on 3/21/11. For the foregoing reasons, the Motion for Default Judgment filed by Plaintiffs (Doc. 18) is DENIED WITHOUT PREJUDICE, the Motion for Reconsideration filed by Plaintiffs (Doc. 21) is GRAN TED, and the Motion to Dismiss filed by Defendants ILS Financing, Inc. and Ward Feed Yard, Inc (Doc. 26) is GRANTED IN PART and DENIED IN PART. The Motion to Dismiss is GRANTED with respect to "Count III: Breach of Contract Against Ward Alter E go Theory" which is DISMISSED WITHOUT PREJUDICE. Plaintiff is GRANTED leave to file an Amended Complaint, within ten (10) days of the date of this Order, and replead this Count consistent with the Court's rulings herein. The Court would r emind Plaintiff that pursuant to Rule 11(b)(3), any factual contentions should "have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discover y." The March 16, 2010 Order is VACATED IN PART with respect to dismissal of Plaintiff's UFTA claim and to the extent that it is inconsistent with this Order. The Motion to Dismiss is DENIED with respect to Counts I, IV, and V. This matter is referred to the Magistrate Judge for further proceedings. (KB, ilcd)
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Filing
17
OPINION AND ORDER Entered by Judge Joe Billy McDade on 3/16/10. 10 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. 10 Motion to Strike Jury Demand is GRANTED, and 15 Motion for Leave to File a Reply is DENIED. This matter is REFERRED to Magistrate Judge Gorman for all further pretrial proceedings. (SM, ilcd) Modified on 3/17/2010 (SM, ilcd).
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