The plaintiff filed a discrimination claim – alleging that he was fired because of his filing of a workers compensation claim. He did not take discovery or obtain affidavits of any kind. As a result, the former employer obtained summary judgment.
The employer’s motion for sanctions was denied and the denial was affirmed in an unpublished opinion.
The 9th Circuit explained:
“As an initial general proposition, we are not entirely unsympathetic to Solideal’s position. Statutes designed to empower employees in the vindication of their rights may, at times, be used as bases on which a plaintiff asserts claims that are later determined to be without merit. Undeniably, large employers may be forced to incur significant litigation expenses in defending against such claims. However, if this Court were to follow the course now advocated by Solideal, it would effectively hold that a plaintiff who elects to forgo formal discovery and whose claims are unable to withstand summary judgment is responsible for paying all fees and costs the defendant incurred in connection with the litigation. This is a bridge too far.”
Edward X. Clinton, Jr.