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HARRIS v. JAT TRUCKING OF ILLINOIS, INC.

United States District Court, C.D. Illinois, Urbana Division
Jul 24, 2009
Case No. 07-CV-2210 (C.D. Ill. Jul. 24, 2009)

Summary

holding that the consumer nexus test was not satisfied where the "allegedly false statements were made to Plaintiff and other employees, not to the general public"

Summary of this case from Onvi, Inc. v. Radius Project Dev., Inc.

Opinion

Case No. 07-CV-2210.

July 24, 2009


ORDER


A Report and Recommendation (#88) was filed by Magistrate Judge David G. Bernthal in the above cause on June 24, 2009. On July 6, 2009, Defendant, JAT Trucking of Illinois, Inc., d/b/a JAT Transportation, filed its Objection to Report and Recommendation (#89). Following this court's careful de novo review of the Magistrate Judge's reasoning and Defendant's Objection, this court agrees with and accepts the Magistrate Judge's Report and Recommendation (#88). This court agrees that Defendant's Motion to Dismiss (#88) should be GRANTED in part and DENIED in part.

IT IS THEREFORE ORDERED THAT:

(1) The Report and Recommendation (#88) is accepted by this court.

(2) Defendant's Motion to Dismiss (#66) is GRANTED in part and DENIED in part. The motion is GRANTED as to Counts I, VI, VII, and VIII. The motion is DENIED as to Counts IV and V. Counts I, VI, VII, and VIII are DISMISSED. Also, as to Count I, Plaintiff is given 14 days from the date of this order to amend his complaint to state a claim.

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


Summaries of

HARRIS v. JAT TRUCKING OF ILLINOIS, INC.

United States District Court, C.D. Illinois, Urbana Division
Jul 24, 2009
Case No. 07-CV-2210 (C.D. Ill. Jul. 24, 2009)

holding that the consumer nexus test was not satisfied where the "allegedly false statements were made to Plaintiff and other employees, not to the general public"

Summary of this case from Onvi, Inc. v. Radius Project Dev., Inc.

holding that the plaintiff failed to meet consumer nexus test where he did not allege that the defendants' conduct was "directed to the market generally"

Summary of this case from Wormy v. Mun. Collections of Am., Inc.

In Harris, the plaintiff participated in an employer health plan, under which the employer was to deduct funds from the plaintiff's weekly paycheck and remit them to the plan to pay for coverage. A successor employer assumed this duty but failed to do so, thereby causing the cancellation of the plaintiff's coverage.

Summary of this case from Krukowski v. Omicron Technologies, Inc.
Case details for

HARRIS v. JAT TRUCKING OF ILLINOIS, INC.

Case Details

Full title:JAMES R. HARRIS, Plaintiff, v. JAT TRUCKING OF ILLINOIS, INC., doing…

Court:United States District Court, C.D. Illinois, Urbana Division

Date published: Jul 24, 2009

Citations

Case No. 07-CV-2210 (C.D. Ill. Jul. 24, 2009)

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