In Rhodes v. Hilton Resorts Corporation, LLC 2-19-cv-00938-JAD-EJY, the defendant served discovery requests on the plaintiff. Plaintiff did not answer any of them and the defendant moved for Rule 37 sanctions and requested dismissal of the case.
Plaintiff has not complied with her discovery obligations pursuant to Fed. R. Civ. P. 33 or 34. Plaintiff’s responses to discovery propounded by Defendants was untimely (resulting in a waiver of all objections), incomplete, and misleading. After a meet and confer in which Plaintiff’s Counsel did not disagree with Defendants’ position, Plaintiff continued to ignore her duties to engage in discovery in a timely and appropriate manner.
The Court is empowered with wide discretion, pursuant to Fed. R. Civ. P. 37, to fashion a sanction for Plaintiff’s repeated discovery failures. When a party believes its opponent has failed to timely comply with the requirements of disclosure, that party may move for sanctions under Rule 37(c). Rule 37 “gives teeth” to the disclosure requirements of Rule 26(e). Yeti by Molly, Ltd. v. Deckers Outdoor Corp.,259 F.3d 1101, 1106 (9th Cir. 2001). District courts are entrusted with wide latitude when exercising their discretion to impose Rule 37(c) sanctions. Id.
Defendants are correct that dismissal of Plaintiff’s Complaint is severe. In fact, even in the face of bad faith or willfulness courts are loathe to enter a case-terminating sanction in the first instance. See Cooley v. Leung, Case No. 2:10-cv-1138-RLH-RJJ, 2013 WL 209730, *1-2 (D. Nev. Jan. 16, 2013). Here, Plaintiff’s conduct is egregious; however, the Court considers alternative sanctions before it will order dismissal of Plaintiff’s Complaint. Specifically, the Court provides Plaintiff one opportunity to change her course and participate timely and in good faith in the case that she brought to Court. Plaintiff’s failure to obey this Court Order will result in an Order to Show Cause why her case should not be dismissed.
Comment: the court granted the motion to compel and gave the plaintiff one more chance to comply with discovery.
Ed Clinton, Jr.