J&JB Timberlands, LLC v. Woolsey Energy II, LLC et al

Filing 48

ORDER ADOPTING 44 REPORT AND RECOMMENDATIONS; granting in part and denying in part 37 Motion for Sanctions. Signed by Judge Staci M. Yandle on 7/25/2016. (rlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
J&JB TIMBERLANDS, LLC,
Plaintiff,
vs.

Case No. 14-cv-1318-SMY-PMF

WOOLSEY ENERGY II, LLC and
WOOLSEY OPERATING COMPANY, LLC,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
44) of Magistrate Judge Philip M. Frazier recommending this Court grant in part and deny in part
“Plaintiff’s Rule 37 Motion” ( Doc. 37) wherein Plaintiff seeks an order imposing sanctions on
Defendants for deleting electronic data during the pendency of this action. Neither party filed
objections to the Report.
The Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P.
72(b)(3). The Court must review de novo the portions of the report to which objections are
made. The Court has discretion to conduct a new hearing and may consider the record before the
magistrate judge anew or receive any further evidence deemed necessary. Id. “If no objection or
only partial objection is made, the district court judge reviews those unobjected portions for clear
error.” Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
Having received no objection to the Report, the Court has reviewed Plaintiff’s motion
and the history of the case and finds that the Report is not clearly erroneous. Accordingly, the
Court ADOPTS the Report of Magistrate Judge Frazier (Doc. 44) and GRANTS in part and

DENIES in part Plaintiff’s motion for sanctions (Doc. 37). Specifically, the Court ORDERS
Defendants to compensate Plaintiff for the reasonable attorney fees and other expenses incurred
in obtaining the 2014 emails pertaining to the seismic survey of petroleum resources beneath
Plaintiff’s property.
IT IS SO ORDERED.
DATE: July 25, 2016
s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE

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