Thomas v. Gary City of et al, No. 2:2012cv00532 - Document 41 (N.D. Ind. 2014)

Court Description: OPINION AND ORDER: Court APPROVES and ADOPTS 39 Magistrate Judge Cherry's 10/7/2014 Report and Recommendation. Signed by Judge William C Lee on 12/29/2014. (tc)

Download PDF
Thomas v. Gary City of et al Doc. 41 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA RUSSELL THOMAS, Plaintiff, v. CITY OF GARY, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL NO. 2:12cv532 OPINION AND ORDER This matter is before the court on a Report and Recommendation by Magistrate Judge Paul R. Cherry. For the following reasons, the Report and Recommendation will be ADOPTED. Discussion On October 7, 2014, Magistrate Judge Cherry issued his Report and Recommendation regarding Plaintiff’s Motion for Sanctions [DE 30]. In this Report, Judge Cherry noted that the underlying discovery dispute was being resolved and thus drastic sanctions were not appropriate. However, Judge Cherry recommended that the court award Plaintiff reasonable costs (including attorney fees) caused by Defendants’ failures. See Fed. R. Civ. P. 37(b)(2)(B). The Defendants filed a response to the Report and Recommendation on October 21, 2014, noting that the underlying discovery problems arose from a breakdown in communication between replacement counsel and the Defendants, and that the problems were being rectified with no prejudice to Plaintiff. Defendants accept Judge Cherry’s Recommendation that they bear the costs incurred by Plaintiffs due to the discovery dispute, and conclude that the Magistrate’s Findings, Report and Recommendation should be approved and adopted by the Court. Dockets.Justia.com Conclusion On the basis of the foregoing the court hereby APPROVES and ADOPTS Magistrate Judge Cherry’s October 7, 2014 Report and Recommendation [DE 39]. Entered: December 29, 2014. s/ William C. Lee William C. Lee, Judge United States District Court 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.