Franklin v. Howard Brown Healthcare Center

Filing 81

ORDER Adopting Report and Recommendations: Presently before us is the Report and Recommendation ("Report") of Magistrate Judge Jeffrey Cole on Plaintiff's motion for discovery sanctions. (Mot. for Sanctions (Dkt. No. 56 ); Report (D kt. No. 80 ).) The Report recommends granting Plaintiff's motion and proposes specific sanctions under Federal Rule of Civil Procedure 37(e). (Report at 1314.) Neither party filed objections to the Report by the deadline. After careful consider ation of the Report and the parties' submissions, pursuant to Federal Rule of Civil Procedure 72(a), we hereby adopt the Report and its proposed sanctions. Accordingly, Plaintiff's motion for discovery sanctions is granted, and the parties will be allowed to present evidence and argument to the jury regarding Defendant's obstruction or failure to preserve electronic evidence. In addition, we will consider appropriate jury instructions regarding this evidence at trial. It is so ordered. Signed by the Honorable Marvin E. Aspen on 11/7/2018. Mailed notice(ags, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JOSE L. FRANKLIN a/k/a
MONICA JAMES,

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Plaintiff,
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v.
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HOWARD BROWN HEALTH CENTER, )
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Defendant.
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1:17 C 8376
Hon. Marvin E. Aspen

ORDER
MARVIN E. ASPEN, District Judge:
Presently before us is the Report and Recommendation (“Report”) of Magistrate Judge
Jeffrey Cole on Plaintiff’s motion for discovery sanctions. (Mot. for Sanctions (Dkt. No. 56);
Report (Dkt. No. 80).) The Report recommends granting Plaintiff’s motion and proposes
specific sanctions under Federal Rule of Civil Procedure 37(e). (Report at 13–14.) Neither party
filed objections to the Report by the deadline. After careful consideration of the Report and the
parties’ submissions, pursuant to Federal Rule of Civil Procedure 72(a), we hereby adopt the
Report and its proposed sanctions. Accordingly, Plaintiff’s motion for discovery sanctions is
granted, and the parties will be allowed to present evidence and argument to the jury regarding
Defendant’s obstruction or failure to preserve electronic evidence. In addition, we will consider
appropriate jury instructions regarding this evidence at trial. It is so ordered.

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Marvin E. Aspen
United States District Judge
Dated: November 7, 2018
Chicago, Illinois