Balogh v. Home Depot U.S.A., Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JOHN E BALOGH,

Plaintiff, v. CASE NO. 8:18-cv-1810-T-02AAS HOME DEPOT U.S.A., INC.,

Defendant. / O R D E R

This cause came before the Court at the hearing held August 16, 2019, on Defendant’s motion to dismiss the case for fraud (Dkt. 25). For the reasons discussed on the record, the Court finds, by clear and convincing evidence,

Plaintiff committed fraud on the Court and perjured himself. His testimony and discovery responses as to his medical history and the injuries and their cause were material, and false. In accord with this Court’s admonition that the case would be dismissed

with prejudice and the Court’s duty to protect the integrity of the judicial system, this case is dismissed with prejudice. See Parcher v. Gee, No. 8:09-cv-857-T- 23TGW, 2016 WL 7446630, at *8-11 (M.D. Fla. Oct. 19, 2016) (granting motion to dismiss with prejudice based on fraud on the court and citing Chemtall Inc. v. Citi-Chem, Inc., 992 F.Supp. 1390, 1408 (S.D. Ga. 1998)), adopted by 2016 WL

7440922 (M.D. Fla. Dec. 27, 2016). Any lesser sanction would be ineffective. Accordingly, Defendant’s Motion to Dismiss Case for Fraud Upon the Court (Dkt. 25) is granted. The Clerk is directed to enter judgment against

Plaintiff and in favor of Defendant and close the case. DONE AND ORDERED at Tampa, Florida, on August 27, 2019.

s/William F. Jung WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record

-2-