Wallace et al v. City of Washington, An Illinois Municipal Corporation et al

Filing 32

ORDER & OPINION entered by Judge Joe Billy McDade on 4/14/2015: IT IS ORDERED that the Court ADOPTS the Report and Recommendation of the Magistrate Judge 31 in full. Thus, Defendants' Motion to Strike 17 is GRANTED IN PART and DENIED IN PART . All claims brought against the Individual Defendants in their official capacities are stricken. However, since Plaintiffs brought all claims against the Individual Defendants in their individual and official capacities, those claims may proceed aga inst the Individual Defendants in their individual capacities. Plaintiffs' prayers for punitive damages against the City of Washington in Counts I and II are stricken, and Plaintiff's prayer for punitive damages against Defendant Gary M. Mariner in Count II is stricken. Plaintiffs' Motion to Strike Defendant Granite Broadcasting Corporation's Third Affirmative Defense is DENIED. (SEE FULL WRITTEN ORDER AND OPINION) (JRK, ilcd)

E-FILED

Tuesday, 14 April, 2015 04:15:16 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
ANDREW WALLACE JR., SHERRY
)
WALLACE, and ANTONIO WALLACE, )
)
Plaintiffs,
)
)
)
v.
)
)
CITY OF WASHINGTON, GARY M.
)
MARINER, BOARD OF POLICE
COMMISSIONERS, DON VOLK, JEFF )
)
STEVENSON, UNKNOWN SWORN
)
OFFICERS, and GRANITE
BROADCASTING CORP., D/B/A WEEK- )
TV, AKA, CHANNEL 25,
)
)
)
Defendants.

Case No. 14-cv-1457

ORDER & OPINION
This matter is before the Court on the City Defendants’ Motion to Strike
(Doc. 17), and Plaintiffs’ Motion to Strike Defendant Granite Broadcasting
Corporation’s Third Affirmative Defense. (Doc. 27). Magistrate Judge SchanzleHaskins issued a Report & Recommendation (“R&R”) (Doc. 31) recommending that
Defendants’ Motion to Strike be granted in part and denied in part and Plaintiffs’
Motion to Strike be denied.
The parties were notified that failure to object to Judge Schanzle-Haskins’s
March 25, 2015 R&R within fourteen days after service of the R&R would constitute
a waiver of any objections. (Doc. 31 at 14). See 28 U.S.C. § 636(b)(1); Video Views,
Inc. v. Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986). Objections to the R&R

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were due by April 13, 2015, and none were made. This Court has reviewed the R&R,
and will adopt it in its entirety.
IT IS THEREFORE ORDERED that the Court ADOPTS the Report and
Recommendation of the Magistrate Judge (Doc. 31) in full. Thus, Defendants’
Motion to Strike (Doc. 17) is GRANTED IN PART and DENIED IN PART. All
claims brought against the Individual Defendants in their official capacities are
stricken. However, since Plaintiffs brought all claims against the Individual
Defendants in their individual and official capacities, those claims may proceed
against the Individual Defendants in their individual capacities. Plaintiffs’ prayers
for punitive damages against the City of Washington in Counts I and II are
stricken, and Plaintiff’s prayer for punitive damages against Defendant Gary M.
Mariner in Count II is stricken. Plaintiffs’ Motion to Strike Defendant Granite
Broadcasting Corporation’s Third Affirmative Defense is DENIED.

Entered this 14th day of April, 2015.

s/Joe B. McDade
JOE BILLY McDADE
United States Senior District Judge

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