LESSLEY et al v. THE CITY OF MADISON, INDIANA et al

Filing 192

ORDER denying 173 Request for Modification of Sanctions Order. Signed by Magistrate Judge William G. Hussmann, Jr on 1/7/09. (JLM)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION KRISTY L. LESSLEY, KARA J. RHODEHAMEL, and KAYLA M. MESSER, Plaintiffs, v. THE CITY OF MADISON, INDIANA, including its BOARD OF PUBLIC WORKS AND SAFETY, its POLICE DEPARTMENT, and its FIRE DEPARTMENT; et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

4:07-cv-136-DFH-WGH

ORDER ON REQUEST FOR MODIFICATION OF SANCTIONS ORDER
This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge, on Defense Counsel's Request for Modification of Sanctions Order filed on December 2, 2008. (Docket No. 173). Plaintiffs' response in opposition to the request was filed on December 5, 2008. (Docket No. 177). Defense Counsel's reply in support was filed on December 12, 2008. (Docket No. 179). The Magistrate Judge, being duly advised, now DENIES the request. The Magistrate Judge's order establishing the sanction (Docket No. 166) concluded that a sanction was necessary not merely because of inattention to court deadlines occurring between mid-July 2008 and September 2008, when the defendants' counsel and his assistant had personal problems. The sanction was

made necessary because of a continued pattern throughout the litigation of inadequate and incomplete attention to answers to interrogatories and responses to requests for production of documents, and a failure to properly assert objections as to privilege. The question of who will pay the sanction is a matter reserved to the defendants and their counsel. The sanction shall be paid to the plaintiffs promptly. Defense counsel's request for modification of the prior order is DENIED. SO ORDERED. Dated: January 7, 2009

_______________________________

WILLIAM G. HUSSMANN, JR. Magistrate Judge

Electronic copies to: Dwight Timothy Born TERRELL BAUGH SALMON & BORN LLP [e-mail] Joseph A. Colussi COLUSSI LAW OFFICE [e-mail] Steven Craig Jackson FERGUSON & FERGUSON [e-mail] William Edward Jenner JENNER AUXIER & PATTISON LLP [e-mail] James S. Stephenson STEPHENSON MOROW & SEMLER [e-mail] Ian L. Stewart STEPHENSON MOROW & SEMLER [e-mail]

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