United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
R HERNDON UNITED STATES DISTRICT COURT JUDGE.
matter is before the Court on the Report and Recommendation
of United States Magistrate Judge Stephen C. Williams (Doc.
134). Judge Williams recommends that plaintiff's motion
to strike defendant's pleadings directed against
Defendant WW Industrial Corp. be granted and that
defendant's answer be stricken. The Report and
Recommendation was entered on December 13, 2016. Defendant
filed its objection to the Report and Recommendation on
December 27, 2016 (Doc. 142). Based on the following, the
Court ADOPTS the Report and Recommendation in its entirety.
Jordan Queen brought the present lawsuit alleging that he was
injured when his tree stand used for deer hunting collapsed.
(Doc. 2). The stand was a Scout Model STLS41 tree stand
distributed by the defendant. Plaintiff alleges that on
October 12, 2013, while he was at the top of the stand's
ladder, the ladder bent, causing him to fall. As a result of
the fall, plaintiff claims that he suffered serious injuries,
including broken bones in his right leg, a shattered right
ankle, and damage to his ligaments, tendons, and joints.
Based on said injuries, plaintiff alleges that he incurred
medical expenses and lost wages, and that he will continue to
lose wages, due to the debilitating condition of his right
leg and ankle.
15, 2016, plaintiff filed his second motion to strike
Defendant WW Industrial Corp's pleadings (Doc.
The matter was referred to Magistrate Judge Williams and a
hearing was set on the issue (Doc. 100). The involved parties
filed briefing and Magistrate Williams conducted a hearing on
the issue (Docs. 101, 102, & 111). At the hearing, Judge
Williams heard testimony from Nathan Stieren, owner and CEO
of WW, and heard argument from the parties. The motion was
taken under advisement.
the hearing defendant filed a motion for leave to file the
affidavit of Andrew Ryan in support of its response in
opposition (Doc. 155). Judge Williams granted the motion and
then issued the Report at issue (Doc. 134). In addition to
the facts stated above, the court incorporates by reference
the summary of the relevant background stated in Judge
Williams' Report (Doc. 34, pgs. 4-10).
Standard of Review
Court's review of the Report is governed by 28 U.S.C.
§ 636(b)(1)(C), which provides in part:
A judge of the court shall make a de novo determination of
those portions of the report or specified proposed findings
or recommendations to which objection is made. A judge of the
court may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge. The
judge may also receive further evidence or recommit the
matter to the magistrate judge with instructions.
Civ. P. 72(b) also directs that the Court make a de
novo determination of those portions of the report and
recommendation to which specific written objections have been
made. Johnson v. Zema Sys. Corp., 170 F.3d 734, 739
(7th Cir. 1999); 28 U.S.C. § 636(b)(1)(B), (C);
Fed.R.Civ.P. 72(b). In making this determination, the Court
must look at all the evidence contained in the record and
give fresh consideration to those issues for which specific
objection has been made. Id. However, the Court need
not conduct a de novo review of the findings of the
R&R for which no objections have been made. Thomas v.
Arn, 474 U.S.140, 149-52 (1985).
duration of the discovery process, parties are required to
supplement or correct any written discovery responses and
Fed.R.Civ.P. 26(a) disclosures “in a timely manner if
the party learns that in some material respect the disclosure
or response is incomplete or incorrect, ” and where the
other party has not been made aware of the new or corrected
information. Fed. R. Civ. P.26(b)(1). Failure to comply with
Rule 26 requirements may result in a party being subjected to
sanctions. As to the imposition of sanctions, Rule 37(c)
If a party fails to provide information or identify a witness
as required by Rule 26(a) or (e), the party is not allowed to
use that information or witness to supply evidence on a
motion, at a hearing, or at a trial, unless the failure was
substantially justified or is harmless. In addition to or
instead of ...