Johnson et al v. Security Mutual Life Insurance Company of New York et al, No. 1:2008cv01267 - Document 84 (C.D. Ill. 2010)

Court Description: AMENDED ORDER entered by Judge Joe Billy McDade on 1/19/10. Marcia Johnson's and Galesburg Electric's motion to voluntarily dismiss the Amended Complaint as against United Employee Benefit Fund and David K. Fensler 72 is GRANTED. The mot ion to dismiss by Security Mutual Life Insurance Company of New York 60 is GRANTED in relevant part. The motion to dismiss by Gerald Koenning, Lou Delpierre, and Employer Benefits, Inc. 65 is GRANTED in relevant part. The motion to dismiss Crai g Johnson's claims by United Employee Benefit Fund and David K. Fensler 67 is GRANTED in relevant part. And the motion for default judgment as against Herbert McDowell 76 and 78 is DENIED. All of Plaintiffs' federal claims are dismis sed as set out in this Amended Order & Opinion. Plaintiffs' supplemental state-law claims are dismissed without prejudice. What remains in this litigation are third-party claims, cross-claims, and counter-claims related to indemnification of litigation costs and fees. The parties to these claims should move toward resolution or disposition. IT IS SO ORDERED. (FDT, ilcd)