White v. Godinez et al

Filing 141

ORDER ADOPTING 136 Report and Recommendation. Defendants' 129 Motion for Sanctions is GRANTED in part and DENIED in part. See attached Order for further details. Signed by Judge Nancy J. Rosenstengel on 6/19/2017. (mlp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
VANCE WHITE,
Plaintiff,
vs.
C/O BAYLOR and C/O GIVENS,
Defendants.

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Case No. 3:13-CV-1212-NJR-DGW

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
This matter comes before the Court on the Report and Recommendation of
United States Magistrate Judge Donald G. Wilkerson (Doc. 136), which recommends
granting in part and denying in part the motion for sanctions filed by Defendants Jeremy
Givens and Dustin Baylor (Doc. 129).
Plaintiff Vance White, formerly an inmate in the Illinois Department of
Corrections (currently in federal custody in Wisconsin), initiated this lawsuit pursuant to
42 U.S.C. § 1983 on November 22, 2013. White alleges he was subjected to cruel and
unusual punishment in violation of the Eighth Amendment in the form of sexual
harassment by Defendants Baylor and Givens.
Despite the age of the case, White’s deposition has yet to be taken. Defendants
initially sought to depose White on August 26, 2016, but Defendants failed to comply
with the notice requirements, and White terminated the deposition. Magistrate Judge
Wilkerson entered an order on October 24, 2016, acknowledging that White did not
receive proper notice of the deposition but finding that Defendants properly noticed

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White’s deposition for October 28, 2016 (Doc. 127). Defendants were granted leave to
re-depose White, and the discovery deadline was extended to November 4, 2016, for this
sole purpose. White again refused to go forward with the deposition. Defendants have
now moved the Court to sanction White for his refusal to sit for his deposition despite a
Court order to do so (Doc. 129).
On May 19, 2017, Magistrate Judge Wilkerson entered the Report and
Recommendation currently before the Court. Magistrate Judge Wilkerson recommends
granting Defendants’ motion to the extent Defendants seek to compel White’s
deposition. Magistrate Judge Wilkerson also recommends sanctioning White in the
amount of Defendants’ reasonable attorneys’ fees and costs associated with the October
28 deposition, preparation of the Motion to Compel, and the attorneys’ fees, costs, and
expenses of deposing White at his current facility in Wisconsin. Objections to the Report
and Recommendation were due on or before June 5, 2017. See 28 U.S.C. § 626(b)(1); FED.
R. CIV. P. 72(b)(2); SDIL-LR73.1(b). No objections were filed.
Where timely objections are filed, this Court must undertake a de novo review of
the Report and Recommendation. 28 U.S.C. § 636(b)(1)(B), (C); FED. R. CIV. P. 72(b);
SDIL-LR 73.1(b); Harper v. City of Chicago Heights, 824 F. Supp. 786, 788 (N.D. Ill. 1993); see
also Govas v. Chalmers, 965 F.2d 298, 301 (7th Cir. 1992). Where neither timely nor specific
objections to the Report and Recommendation are made, however, this Court need not
conduct a de novo review of the Report and Recommendation. See Thomas v. Arn, 474 U.S.
140 (1985). Instead, the Court should review the Report and Recommendation for clear
error. Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). A judge may then

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“accept, reject, or modify, in whole or in part, the findings or recommendations made by
the magistrate judge.” 28 U.S.C. § 636(b)(1).
The Court has carefully reviewed the briefs submitted by the parties, as well as
Magistrate Judge Wilkerson’s Report and Recommendation. Following this review, the
Court fully agrees with the findings, analysis, and conclusions of Magistrate Judge
Wilkerson and ADOPTS the Report and Recommendation in its entirety.
Defendants’ Motion for Sanctions (Doc. 129) is GRANTED in part and DENIED
in part. Plaintiff Vance White is ORDERED to sit for another deposition related to his
claims in this case. White is further SANCTIONED pursuant to Rule 37(a)(5)(A) and
Rule 30(d) and ORDERED to pay the amount of Defendants’ reasonable attorneys’ fees
and costs associated with the October 28th deposition, preparation of the Motion to
Compel, and the reasonable attorneys’ fees, costs, and expenses of deposing White in
Wisconsin. Defendants are DIRECTED to submit a Bill of Costs for these fees and costs
(and anticipated fees, costs, and expenses for White’s future deposition) for the Court’s
consideration on or before July 5, 2017. White SHALL then pay the Bill of Costs within
30 days of any order by the undersigned District Judge directing payment. Failure to do
so shall result in dismissal of this action. Defendants’ Motion for Sanctions is DENIED
without prejudice to the extent it seeks dismissal of this case at this time.
IT IS SO ORDERED.
DATED: June 19, 2017
____________________________
NANCY J. ROSENSTENGEL
United States District Judge

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