GJMS LLC v. Hamstra Builders Inc et al

Filing 51

ORDER: The court ACCEPTS AND ADOPTS Magistrate Judge Martin's 46 REPORT AND RECOMMENDATIONS re 36 MOTION for Sanctions for Violating a Discovery Order. The court GRANTS, with relief other than requested, plaintiff's 36 motion for sanctions, and ORDERS defendants to provide plaintiff with an affidavit consistent with the terms of this order by 4/30/2019. Signed by Senior Judge James T Moody on 4/4/2019. (jld)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
GJMS, LLC,
Plaintiff,
v.
HAMSTRA BUILDERS, INC., et al.,
Defendants.

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No. 2:18 CV 135

ORDER
This matter is before the court on plaintiff’s motion for sanctions. (DE # 36.) On
March 13, 2019, Magistrate Judge John E. Martin issued a report and recommendation,
in which he recommended that the court grant the motion for sanctions. (DE # 46.)
Additionally, he recommended that the defendants be ordered to provide an affidavit
to plaintiff, certifying: (1) the identities of the individuals who developed and executed
any searches for documents; (2) the computers and/or servers that were searched; (3)
the search terms, or any other filters, used in conducting the searches; (4) all steps taken
to preserve relevant hard copy data, and (5) defendants’ policies for document
retention, including any steps taken to preserve evidence after the litigation began. (Id.
at 4.)
Magistrate Judge Martin also informed the parties that any objections must be
made within 14 days after being served with a copy of the report and recommendation.
(Id. at 5.) That time has passed, and no objections have been filed. Therefore, the court
ACCEPTS and ADOPTS Magistrate Judge Martin’s report and recommendation (DE

# 46). The court GRANTS, with relief other than requested, plaintiff’s motion for
sanctions (DE # 36), and ORDERS defendants to provide plaintiff with an affidavit
consistent with the terms of this order by April 30, 2019.

SO ORDERED.
Date: April 4, 2019
s/James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT

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