Simkus v. Airlines

Filing 115

MEMORANDUM Opinion and Order Written by the Honorable Gary Feinerman on 1/11/2013.Mailed notice.(jlj)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
PAUL SIMKUS,
Plaintiff,
vs.
UNITED AIR LINES, INC.,
Defendant.

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10 C 5274
Judge Feinerman

MEMORANDUM OPINION AND ORDER
Paul Simkus brought this suit against his employer, United Air Lines, Inc., alleging
discrimination and retaliation in violation of the Americans with Disabilities Act (“ADA”), 42
U.S.C. § 12101 et seq., Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e
et seq., and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq.
Simkus filed a similar suit several months later. Simkus v. United Air Lines, Inc., No. C 2165
(N.D. Ill. filed Mar. 29, 2011). The second suit was dismissed under Federal Rule of Civil
Procedure 12(b)(6). Simkus v. United Air Lines, Inc., 2012 WL 3133603 (N.D. Ill. July 31,
2012). In the meantime, discovery proceeded in the present suit under the active supervision of
Magistrate Judge Mason. Docs. 14, 15, 19, 25-26, 28-29, 34, 44-46, 49-50, 53, 56, 58-59, 64-67,
73, 75, 80, 86, 88, 90-91, 96. United ultimately moved to dismiss this suit for want of
prosecution due to what United said were Simkus’s delays, litigation misconduct, and repeated
failures to comply with his discovery obligations and court orders. Docs. 101-102. Given
Magistrate Judge Mason’s familiarity with the issues raised by United’s motion, the court
referred the motion to him for a Report and Recommendation. Doc. 105.

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Magistrate Judge Mason issued a detailed Report and Recommendation recommending
that the case be dismissed for want of prosecution. Docs. 111-112. The Report and
Recommendation warned Simkus regarding the deadline for filing objections with the district
judge and the consequences of failing to object: “Specific written objections to this Report and
Recommendation may be served and filed within fourteen (14) days from the date that this order
is served. Fed. R. Civ. P. 72. Failure to file objections with the District Court within the
specified time will result in a waiver of the right to appeal all findings, factual and legal, made
by this Court in the Report and Recommendation. Lorentzen v. Anderson Pest Control, 64 F.3d
327, 330 (7th Cir. 1995).” Doc. 112 at 11. The minute order accompanying the Report and
Recommendation did so as well, expressly referencing the deadline of December 20, 2012, for
filing objections: “Written objections to this Report and Recommendation may be served and
filed by 12/20/12. Failure to file objections with the District Court within the specified time will
result in a waiver of the right to appeal all findings, factual and legal, made by this Court in the
Report and Recommendation.” Doc. 111.
It is now January 11, 2013, over three weeks past the deadline, and Simkus has not filed
objections to the Report and Recommendation. The rule governing this situation is as follows:
“If no party objects to the magistrate judge’s action, the district judge may simply accept it. But
the district judge remains the final authority in the case, and he may reconsider sua sponte any
matter determined by a magistrate judge. Thus, although the district judge must make an
independent determination of a magistrate judge’s order upon objection, he is not precluded
from reviewing a magistrate judge’s order to which a party did not object.” Schur v. L.A. Weight
Loss Ctrs., Inc., 577 F.3d 752, 760 (7th Cir. 2009) (citation omitted). The court exercises its
discretion to simply accept the Report and Recommendation. See Miller v. Portfolio Recovery
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Assocs., LLC, 2012 WL 1714253 (C.D. Ill. May 15, 2012). That said, the circumstances of this
case amply justify Magistrate Judge Mason’s recommended disposition.
Accordingly, the Report and Recommendation is accepted and the case is dismissed with
prejudice for want of prosecution.

January 11, 2013
United States District Judge

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