Grove v. Alexander et al

Filing 86

ORDER entered by Judge Colin Stirling Bruce on 7/14/2020. The Report and Recommendation 85 is ACCEPTED by this court.Defendants' Motion to Dismiss 78 and Motion to Join and Adopt 79 are GRANTED in part and DENIED in part. Plaintiff is BA RRED from conducting any further discovery, including disclosure of any expert witnesses. Defendants shall, within 14 days of the entry of this order, submit a discovery schedule constructed to allow Defendants adequate time to complete their discovery without regard for allotting time for Plaintiff to perform any additional discovery.Plaintiff's Motion to Deem Allegations as Admitted 82 is DENIED. See written order. (JMB, ilcd)

2:18-cv-02046-CSB-EIL # 86

E-FILED

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Tuesday, 14 July, 2020 03:18:20 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
LARRY GROVE,
Plaintiff,
v.
RODNEY ALEXANDER, et al.,
Defendants.

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Case No. 18-cv-2046

ORDER

A Report and Recommendation (#85) was filed by Magistrate Judge Eric I. Long
in the above cause on June 18, 2020. On that same date, a copy of the Report and
Recommendation was sent to the parties via the court’s ECF system. That Report and
Recommendation concerns Defendants’ Motion to Dismiss (#78) and Motion to Join and
Adopt (#79), and Plaintiff’s Motion to Deem Allegations as Admitted (#82).
Regarding Defendants’ Motion to Dismiss (#78) and Motion to Join and Adopt
(#79), Judge Long recommended those motions be granted in part and denied in part.
Specifically, Judge Long recommended that while a sanction for Plaintiff’s
dilatory tactics was warranted, the draconian sanction of dismissal was not yet
warranted. Instead, Judge Long recommended Defendants be given the opportunity to
complete their discovery process and disclose expert witnesses, but that Plaintiff be
barred from conducting any further discovery, including disclosing expert witnesses.
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Judge Long further recommended that Defendant be required to submit a
proposed discovery schedule within 14 days of the entry of this court’s ruling on the
Report and Recommendation, constructed to allow Defendants adequate time to
complete their discovery without regard for allotting time for Plaintiff to perform any
additional discovery.
Regarding Plaintiff’s Motion (#82), Judge Long recommended that motion be
denied.
The parties were instructed to file any objections to the Report and
Recommendation within fourteen days of being served with a copy of it. The parties
were also informed that failure to object would constitute a waiver of objections on
appeal. See Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986).
The time to object to Magistrate Judge Long’s Report and Recommendation has
passed, and no party filed an objection. Therefore, following this court’s de novo
review of the Report and Recommendation and the reasons for it, this court agrees with
and accepts Magistrate Judge Long’s Report and Recommendation (#85). This court
agrees that Defendants’ Motion to Dismiss (#78) and Motion to Join and Adopt (#79)
should be GRANTED IN PART and DENIED IN PART as Judge Long recommended,
and that Plaintiff’s Motion to Deem Allegations as Admitted (#82) should be DENIED.
IT IS THEREFOR ORDERED THAT:
(1) The Report and Recommendation (#85) is ACCEPTED by this court.
(2) Defendants’ Motion to Dismiss (#78) and Motion to Join and Adopt (#79) are

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GRANTED in part and DENIED in part. Plaintiff is BARRED from conducting
any further discovery, including disclosure of any expert witnesses. Defendants
shall, within 14 days of the entry of this order, submit a discovery schedule
constructed to allow Defendants adequate time to complete their discovery
without regard for allotting time for Plaintiff to perform any additional
discovery.
(3) Plaintiff’s Motion to Deem Allegations as Admitted (#82) is DENIED.
ENTERED this 14th day of July, 2020
s/ Colin Stirling Bruce
COLIN S. BRUCE
U.S. DISTRICT JUDGE

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