J.F. Edwards Construction Co. v. Anderson Safeway Guard Rail Corp.
United States Court of Appeals for the Seventh Circuit
542 F.2d 1318 (7th Cir. 1976)
J.F. Edwards Construction Co. (Edwards) (plaintiff) sued Anderson Safeway Guard Rail Corp. (Anderson) (defendant) over a construction contract, and a related suit by Anderson against Westinghouse was consolidated with it. The district judge's standing pretrial order required the parties to submit a written stipulation of all uncontested facts, and although Edwards and Westinghouse agreed to a set of stipulated facts, Anderson refused to sign, with its lawyer writing to the judge explaining its objections while offering to keep negotiating. Edwards and Westinghouse moved to strike Anderson's pleadings, and the judge granted the motion, entered judgment for Edwards on Anderson's counterclaim, held an ex parte jury trial on damages resulting in an $89,018.66 award, and dismissed Anderson's claim against Westinghouse (and Westinghouse's related cross-complaint) as moot; Anderson's motion to vacate was denied, and it appealed.
Whether, under the Federal Rules of Civil Procedure, a district court may compel the parties to make stipulations of fact.