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)

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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)

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