Jones v. Smith

99 F.R.D. 4, 37 Fed. R. Serv. 2d 553, 1983 U.S. Dist. LEXIS 18568
CourtDistrict Court, M.D. Pennsylvania
DecidedMarch 15, 1983
DocketCiv. A. No. 82-283
StatusPublished
Cited by5 cases

This text of 99 F.R.D. 4 (Jones v. Smith) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Smith, 99 F.R.D. 4, 37 Fed. R. Serv. 2d 553, 1983 U.S. Dist. LEXIS 18568 (M.D. Pa. 1983).

Opinion

MEMORANDUM

HERMAN, District Judge.

I. INTRODUCTION

On March 15, 1982, Plaintiff, an attorney who is appearing pro se, filed a complaint that revolves around his dismissal from employment with the Pennsylvania Housing Finance Agency (PHFA). Plaintiff alleged that his dismissal was racially motivated, that the letter terminating his employment with PHFA was libelous, and that the dismissal deprived Plaintiff of the right to run for the office of Dauphin County District Judge.

From the inception of this action, this case has been fraught with errors, delays, and disobedience to court rules and orders. Defendants now move this court to dismiss Plaintiff’s action with prejudice for consistent abuse of the discovery process.

II. DISCUSSION

A. The Applicable Legal Principles

This court is well aware that dismissal with prejudice of a party’s complaint is a harsh sanction, to be resorted to only in extreme cases. Harris v. Cuyler, 664 F.2d 388, 390 (3d Cir.1981). Our authority to dismiss an action for abuse of the discovery process is pursuant to Federal Rule of Civil Procedure 37(b). Societe Internationale Pour Participations Industrielles v. Rogers, 357 U.S. 197, 206, 78 S.Ct. 1087, 1093, 2 L.Ed.2d 1255 (1958); Fed.R.Civ.P. 37(b). Dismissal, as a sanction, is within the court’s sound discretion. Digregorio v. First Rediscount Corporation, 506 F.2d 781 (3d Cir.1974). Nevertheless, we must give full regard for the severity of the sanction, granting dismissal sparingly and only when less drastic alternatives have been explored. Ramsey v. Bailey, 531 F.2d 706, 798 (5th Cir.1976), cert. denied, 429 U.S. 1107, 97 S.Ct. 1139, 51 L.Ed.2d 559 (1977).

While dismissal with prejudice is a severe sanction, it “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.” National Hockey League v. Metropolitan Hockey Club, 427 U.S. 639, 643, 96 S.Ct. 2778, 2781, 49 L.Ed.2d 747 (1976) (per curiam). The sanction of dismissal “must be tempered by the careful exercise of judicial discretion to assure that its imposition is merited. However, where one party has acted in willful and deliberate disregard of reasonable and necessary court orders and the efficient administration of justice, the application of even so stringent a sanction is fully justified and should not be disturbed.” Digregorio, 506 F.2d at 788, quoting, Trans World Airline, Inc. v. Hughes, 332 F.2d 602, 614 (2nd Cir.1964).

[6]*6Dismissal cannot be imposed as mere punishment under Rule 37(b).1 Harris, 664 F.2d at 390; Digregorio, 506 F.2d at 789. Nor can a court order an action dismissed for a party’s failure to comply with a discovery order when such noncompliance is due to inability, and not willfulness, bad faith, or any fault of the petitioner. Societe Internationale Pour Participations Industrielles v. Rogers, 357 U.S. 197, 212, 78 S.Ct. 1087, 2 L.Ed.2d 1255 (1958); Donnelly v. Johns-Manville Sales Corp., 677 F.2d 339 (3d Cir.1982). The Supreme Court has recognized dismissal as an appropriate sanction, however, when a party’s practices exemplify flagrant bad faith or a counsel’s conduct demonstrates a callous disregard of the responsibilities counsel owes to the court and to his opponents. National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639, 96 S.Ct. 2778, 49 L.Ed.2d 747 (1976) (per curiam). Similarly, dismissal is warranted when there is a clear record of delay or contumacious conduct by the plaintiff. Donnelly, 677 F.2d at 342. Before ordering dismissal, the court must find whether Plaintiff engaged in conscious or intentional acts or omissions. Harris, 664 F.2d at 391.

In considering this drastic sanction, we are compelled to examine all pertinent circumstances of the case and to consider whether less severe sanctions would better serve the interests of justice. Donnelly, 677 F.2d at 342; Harris, 664 F.2d at 390. Additionally, we must keep in mind the sound social policy of deciding cases on their merits. Against this policy, we must balance considerations of sound judicial administration. Davis v. Williams, 588 F.2d 69, 70 (4th Cir.1978). Leniency is but one factor to be weighed against the need to deter parties from abusing the discovery process. National Hockey League, 427 U.S. at 642, 96 S.Ct. at 2780.

Other factors which must be balanced are the degree of the plaintiff’s personal responsibility for the delay, the amount of prejudice the defendant suffers as the result of the delay, the extent of any history of proceeding in a dilatory manner, and the effectiveness of less severe sanctions. Donnelly, 677 F.2d at 342, citing, Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978). Moreover, we must examine whether the plaintiff has done all that a reasonable man could do to comply with discovery orders under the circumstances. Societe Internationale Pour Participations Industrielles, 357 U.S. at 201, 78 S.Ct. at 1090. Upon balancing these factors and considerations, we must articulate our reasons for the sanction we impose. Quality Prefabrication, Inc. v. Daniel J. Keating Co., 675 F.2d 77, 78 (3d Cir.1982).

B. Defendants’ Asserted Grounds for Dismissal

In their motion to dismiss Plaintiff’s action with prejudice, filed November 22, 1982, Defendants allege three separate grounds to support their motion. First, Defendants claim that Plaintiff failed to appear at three scheduled and properly noticed depositions of himself by Defendants. On each occasion, Plaintiff did not notify Defendants of his intention not to appear; nor did Plaintiff seek a protective order staying the depositions. Next, Defendants contend that Plaintiff intentionally has failed to submit the documents this court had directed him to produce in a September 14, 1982, order.

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Bluebook (online)
99 F.R.D. 4, 37 Fed. R. Serv. 2d 553, 1983 U.S. Dist. LEXIS 18568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-smith-pamd-1983.