Wiess et al v. Village of Brooklyn et al

Filing 37

ORDER denying as moot 27 Motion to Strike. Signed by Magistrate Judge Clifford J. Proud on 9/4/08. (amv)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS TODD WEISS, et al., Plaintiff, v. VILLAGE of BROOKLYN, et al., Defendant. ) ) ) ) ) ) ) ) )

Civil No. 07-473-JPG

ORDER PROUD, Magistrate Judge: Before the court is defendants' Motion to Strike and Compel. (Doc. 27). Plaintiffs filed a response at Doc. 28. Defendants ask the court to strike the claims of plaintiffs Peggy Hubbard and Evan Burns as a sanction for their failure to answer written discovery. As the claims of those plaintiffs have now been voluntarily dismissed, the motion is moot in that regard. See, Doc. 33. Defendants also seek an order compelling plaintiffs Todd Weiss and Chris Heatherly to serve their initial disclosures pursuant to Fed.R.Civ.P. 26(a). In response, plaintiffs Weiss and Heatherly admit that they failed to timely serve initial disclosures, but state that the information was contained in their responses to interrogatories and requests for production. After the motion was filed, said plaintiffs served disclosures, a copy of which is attached to Doc. 28. Upon consideration and for good cause shown, defendants' Motion to Compel (Doc. 27) is DENIED as moot. IT IS SO ORDERED. DATE: September 4, 2008. s/ Clifford J. Proud CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE