Willsey v. Shelter Mutual Insurance Company

Filing 55

ORDER adopting re 40 Report and Recommendations, and granting 30 in part, Defendant's Motion for Sanctions Barring Testimony of Sutterfield, Bran, Slaight and Lonon AND denying in part 30 as to Sutterfield and Bean. Signed by Honorable Robert T. Dawson on August 26, 2013. (sh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CHARLES A. WILLSEY, Individually and
as the Special Administrator of the
Estate of CYNTHIA K. WILLSEY, Deceased
V.

PLAINTIFF

CIVIL NO. 12-2320

SHELTER MUTUAL INSURANCE COMPANY

DEFENDANT

O R D E R
On this 26th day of August 2013, there comes on for
consideration the report and recommendation filed in this case
on

July

17,

2013

(doc.

40)

by

the

Honorable

James

R.

Marschewski, United States Magistrate for the Western District
of Arkansas.

Also before the Court are the parties’ objections

(docs. 42, 50 & 54).
The court has reviewed this case de novo and, being well
and sufficiently advised, finds as follows:

The report and

recommendation (doc. 40) is proper and should be and hereby is
adopted in its entirety.

Accordingly, Defendant’s Motion for

Sanctions Barring Testimony of Sutterfield, Bean, Slaight and
Lonon (doc. 30) is GRANTED as to Slaight and Lonon and DENIED as
to Sutterfield and Bean.
The Court notes both parties raised various other issues in
their objections indicating difficulty in mutually completing
the discovery process in a timely manner.

AO72A
(Rev. 8/82)

The Court advises the

parties that Court intervention in discovery disputes is rare
and undesirable and strongly suggests the parties work towards
a mutual agreement without further guidance from the Court.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)