J.F. Edwards Construction Co. v. Anderson Safeway Guard Rail Corp.

542 F.2d 1318 (7th Cir. 1976)

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Nature of the Case

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Facts

J. F. Edwards (P) was the general contractor for three highway lighting projects in Wisconsin and Illinois. D, a Michigan corporation, agreed to supply the towers and lowering devices. P sued D for damages, and the suit was removed by D on diversity grounds. D also sued Westinghouse seeking $118,234.72 for materials furnished to Westinghouse. The two federal actions were consolidated. At a pre-trial conference, the parties were directed to file a stipulation of facts by July 1, 1975, and a pre-trial order by August 1, 1975, each to be signed by the respective parties. D simply refused to stipulate because discovery had not been completed. D submitted its objections to seven of more than eighty items in the P-Westinghouse stipulation of facts and enclosed D's proposed stipulation of facts and pre-trial order. The attorneys for the parties signed D's proposed pre-trial order and submitted it to the court. The pre-trial order, was defective inasmuch as specific objections to D's exhibits were not listed. The court stated that the parties should prepare an acceptable pre-trial order and stipulation of facts. At another pre-trial conference, the court requested the parties to stipulate the true and provable facts in accordance with its standing pre-trial order. Between all the back and forth, D refused to sign. D's counsel wrote the trial judge stating the reasons for refusing to sign the stipulation. P and Westinghouse filed a motion requesting the district court to enter an order striking D's pleadings and for other relief. Eventually, the court struck all D's pleadings, entered judgment for P on D's counterclaim, dismissed D's complaint against Westinghouse, and entered judgment against D on P's complaint subject to a jury verdict on damages. The jury rendered a verdict of $89,018.66. D's motion to vacate judgments, for a new trial and other relief was denied. D appealed.