Ford v. Washington Metropolitan Area Transit Authority

131 F.R.D. 12, 1990 U.S. Dist. LEXIS 6342, 1990 WL 68804
CourtDistrict Court, District of Columbia
DecidedApril 12, 1990
DocketCiv. A. No. 85-1444 SSH
StatusPublished
Cited by2 cases

This text of 131 F.R.D. 12 (Ford v. Washington Metropolitan Area Transit Authority) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. Washington Metropolitan Area Transit Authority, 131 F.R.D. 12, 1990 U.S. Dist. LEXIS 6342, 1990 WL 68804 (D.D.C. 1990).

Opinion

MEMORANDUM ORDER

STANLEY S. HARRIS, District Judge.

This matter is before the Court on defendant’s motion to dismiss the case for lack of prosecution. Upon consideration of the motion, plaintiff’s opposition thereto, and the entire record herein, the Court grants defendant’s motion.

Background

The case was commenced with the filing of the complaint on May 6, 1985, and, despite its relatively simple nature, it has had [13]*13a history of delay.1 On May 30, 1985, with the filing of its answer, defendant propounded a set of interrogatories. At a status call held on July 1, 1985, the Court granted plaintiff a 30-day extension to respond to defendant’s interrogatories. Despite the fact that plaintiff never requested a further extension, responses to the interrogatories were not filed until February 5, 1986.

On October 6, 1986, the Court issued an Order granting plaintiff’s motion to cancel the scheduled pretrial and trial, because “unresolvable differences” between plaintiff and her then-counsel led to counsel’s withdrawal from the case. After plaintiff’s new counsel entered an appearance, the Court held a status call at which time it extended the discovery period and set new pretrial and trial dates. At a pretrial conference held on April 2, 1987, the Court granted defendant’s oral motion for an indefinite continuance of the trial date pending the filing and resolution of a dispositive motion.

On April 1, 1988, the Court denied defendant’s motion for summary judgment. At a status call held on April 21, 1988, the Court extended discovery and set new pretrial and trial dates. Upon defendant’s motion, discovery was again extended, and on July 29, 1988, defendant filed a request for the production of documents. When plaintiff did not produce the requested documents, defendant filed a motion to compel their production, or, in the alternative, to strike witnesses, exhibits, and testimony. At a status call held on February 17, 1989, the Court again extended discovery and continued the trial date, warning plaintiff that failure to comply with discovery could result in dismissal of the action for failure to prosecute under Local Rule 211. The Court denied defendant’s motion to compel without prejudice to renew, relying on the good faith of plaintiff’s counsel, as well as on its warning that the case would be dismissed. To date, plaintiff has neither produced the documents, nor provided the Court with an acceptable explanation as to why the documents were not produced.

At a status call held on August 10, 1989, the Court, at defendant’s request, ordered plaintiff to file her expert witness statements pursuant to Federal Rule of Civil Procedure 26(b)(4). To date, plaintiff has not filed any 26(b)(4) statements, despite the fact that she listed several expected expert witnesses in her pretrial statement. Again, plaintiff has not provided the Court with an adequate explanation for her failure to produce the statements. Defendant filed this motion to dismiss on March 2, 1990.

Discussion

“The authority of a federal trial court to dismiss a plaintiff’s action with prejudice because of his failure to prosecute cannot seriously be doubted.” Link v. Wabash Railroad Co., 370 U.S. 626, 629, 82 S.Ct. 1386, 1388, 8 L.Ed.2d 734 (1962). Federal Rule of Civil Procedure 41(b) states:

For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant.

Likewise, Local Rule 211 states that “[a] dismissal for failure to prosecute may be ordered by the court upon motion by an adverse party, or upon the court’s own motion.” “The power to invoke this sanction is necessary in order to prevent undue delays in the disposition of pending cases and to avoid congestion in the calendars of the District Courts.” Link, 370 U.S. at 630, 82 S.Ct. at 1388.- Whereas a single act of misconduct does not usually warrant a dismissal, Trakas v. Quality Brands, Inc., 759 F.2d 185, 188 (D.C.Cir.1985), dismissal is justified where, as in this case, despite the Court’s warnings, the plaintiff has followed a pattern of “protracted neglect.” Jackson v. Washington Monthly Co., 569 F.2d 119, 121 (D.C.Cir.1977); see also Ames [14]*14v. Standard Oil Co. (Indiana), 108 F.R.D. 299, 302 (D.D.C.1985).

In addition, under Federal Rule of Civil Procedure 37(b)(2)(C), the Court properly may dismiss a case if a party fails to respond to interrogatories or requests for the production of documents pursuant to Rules 33 and 34. Indeed, Rule 37 “permits immediate sanctions against parties for wilful failure to comply with discovery rules.” Fox v. Studebaker-Worthington, Inc., 516 F.2d 989, 993 (8th Cir.1975). The imposition of dismissal as a discovery sanction must be based on “ ‘willfulness, bad faith, or ... fault’ on the part of the plaintiff.” Founding Church of Scientology v. Webster, 802 F.2d 1448, 1458 (D.C.Cir.1986) (quoting Societe Internationale v. Rogers, 357 U.S. 197, 212, 78 S.Ct. 1087, 1096, 2 L.Ed.2d 1255 (1958)), cert. denied, 484 U.S. 871, 108 S.Ct. 199, 98 L.Ed.2d 150 (1987). Furthermore, a court should consider the deterrent effect of sanctions on delay and abuse of the discovery process during an era of overcrowded dockets and precious few judicial resources. Founding Church, 802 F.2d at 1458; see also National Hockey League v. Metropolitan Hockey Club, 427 U.S. 639, 643, 96 S.Ct. 2778, 2781, 49 L.Ed.2d 747 (“[Hjere, as in other areas of the law, the most severe in the spectrum of sanctions provided by statute or rule must be available to the district court in appropriate cases, not merely to penalize those whose conduct may be deemed to warrant such a sanction, but to deter those who might be tempted to such conduct in the absence of such a deterrent.”), reh’g denied, 429 U.S. 874, 97 S.Ct. 197, 50 L.Ed.2d 158 (1976).

In her opposition to defendant’s motion to dismiss, plaintiff provides the Court with several examples of instances in which plaintiff did provide discovery and did cooperate in the course of the litigation. The Court would remind plaintiff that it is her obligation to cooperate and to provide discovery, and that this obligation extends throughout the course of the litigation.

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Bluebook (online)
131 F.R.D. 12, 1990 U.S. Dist. LEXIS 6342, 1990 WL 68804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-washington-metropolitan-area-transit-authority-dcd-1990.