Lee v. Walters

172 F.R.D. 421 (D.Or. 1997)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ps sued Ds in federal court. Discovery commenced, and so did Ps' problems in getting Ds to respond and cooperate. Ds failed to attend duly noticed depositions and failed to respond to requests for production of documents. Ps attempted to resolve the issues without judicial intervention. Ds were able to produce no substantial justification for their discovery violations. Ps had to file three motions to compel after first attempting to resolve the issues without judicial intervention, and Ds, again, offered no substantial justification. Ps also presented evidence to show that Ds disobeyed four discovery-related orders of the court that fell within the scope of Fed. R. Civ. P. 37(b). Ds' lawyer claimed he was busy with litigation and traveled a lot, and simply ignored the requests. Ps motioned for $10,000 in sanctions against Ds under rules 37(a)(4)(A), (b), and (d) and 26(g).