SENIOR LIFESTYLE CORPORATION v. KEY BENEFITS ADMINISTRATORS, INC.

Filing 241

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court, having considered the Magistrate Judge's R&R, finds it to be well-reasoned and therefore ADOPTS theR&R 237 as an Order of the Court and GRANTS Defendant's Motion 133 as set forth th erein. Defendant may, within fourteen days of this Order, file a motion for fees with supporting documentation as set forth in the R&R. The Court further REFERS any such motion for fees to the Magistrate Judge to conduct any necessary hearings and to issue a report and recommendation regarding its proper disposition. (See Order). Signed by Judge Jane Magnus-Stinson on 7/19/2019.(JDH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
SENIOR LIFESTYLE CORPORATION,
Plaintiff,
v.
KEY BENEFIT ADMINISTRATORS, INC.,
Defendant.

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No. 1:17-cv-02457-JMS-MJD

ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge has issued his Report and Recommendation (“R&R”) on Defendant’s
Renewed Motion to Enforce the July 6, 2018 Discovery Order and for Sanctions and Other Relief,
[Filing No. 133], recommending that the Motion be granted and that the Court award Defendant
“all reasonable costs and fees it incurred as a result of SLC’s violation of the July 6, 2018
Discovery Order, including but not limited to KBA’s reasonable attorneys’ fees and litigation costs
for all work attributable to SLC’s failure to comply with the Order, to include the redeposition of
any witnesses following SLC’s supplemental production.” [Filing No. 237 at 13-14.] The
Magistrate Judge further recommended that if it ultimately prevailed, Plaintiff “should not be
entitled to the recovery of any fees or expenses associated with any document production that
occurred as a result of SLC’s failure to comply with the Court’s prior discovery Order, to include
any fees or expenses associated with the redeposition of any witnesses following SLC’s
supplemental production.” [Filing No. 237 at 14.]
Pursuant to Federal Rule of Civil Procedure 72(b)(2), the parties were provided 14 days in
which to object to the Magistrate Judge’s R&R. No objection was filed. The Court, having
considered the Magistrate Judge’s R&R, finds it to be well-reasoned and therefore ADOPTS the

R&R [237] as an Order of the Court and GRANTS Defendant’s Motion [133] as set forth therein.
Defendant may, within fourteen days of this Order, file a motion for fees with supporting
documentation as set forth in the R&R. The Court further REFERS any such motion for fees to
the Magistrate Judge to conduct any necessary hearings and to issue a report and recommendation
regarding its proper disposition.

Date: 7/19/2019

Distribution via ECF only to all counsel of record