Jones v. Teller

7 Navajo Rptr. 53
CourtNavajo Nation Supreme Court
DecidedAugust 26, 1993
DocketNo. A-CV-01-93
StatusPublished

This text of 7 Navajo Rptr. 53 (Jones v. Teller) is published on Counsel Stack Legal Research, covering Navajo Nation Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Teller, 7 Navajo Rptr. 53 (navajo 1993).

Opinion

OPINION

Opinion delivered by

Yazzie, Chief Justice.

The plaintiffs-appellants, Dan Jones, et al., appeal the Window Rock District Court’s dismissal of a wrongful death and personal injury case. The district court dismissed the complaint because the appellants failed to comply with a court order compelling discovery and to prosecute in a timely manner. The appellants contend that the district court abused its discretion by dismissing the complaint. We disagree and affirm the district court’s decision.

I

On July 23, 1988, an automobile accident occurred on Navajo Route 15, 3 1/2 miles north of Lower Greasewood Trading Post, Lower Greasewood, Navajo Nation (Arizona). The appellants, Dan Jones and Victoria Jones, filed a complaint for the personal injuries they sustained from the accident and for the wrongful death of Dexter Jones and Deseret Jones. Dan Jones is the surviving father of decedent Dexter Jones and Victoria Jones is the surviving spouse of decedent Deseret Jones.

The defendant-appellee, Marty Teller, was the other driver involved in the automobile accident. It is not clear whether the other defendant, Layne-Western Corporation, was ever properly served in this suit.

The complaint was filed on September 13,1989. An answer was filed on June 19,1990. The docket sheet shows that on June 21,1991 the district court warned the appellants that their case would be dismissed for failure to prosecute, unless they showed good cause why the case should proceed. The first pre-trial conference took place on December 2, 1991, and the parties stated that a “list of wit[54]*54nesses, interrogatories, request for production, request for admissions and depositions” were pending. The pre-trial conference report indicates that February 28, 1991 was the deadline to complete all discovery.

On March 6, 1992, the appellee moved for dismissal of the suit citing the appellants’ failure to prosecute. Three days later the second pre-trial conference took place and the record indicates that discovery still had not taken place. The motion for dismissal was denied on May 5, 1992.

On June 2,1992, a notice of the trial for August 19,1992 was sent to both parties. On June 23, 1992, the appellee’s request for production of documents and interrogatories was sent to the appellants. On July 29,1992, the appellee filed his second motion to dismiss, again citing the appellants’ failure to prosecute, and to comply with the request for documents and interrogatories.

On August 12,1992, the district court denied the appellee’s second motion to dismiss. On August 17, 1992, the court granted the appellants’ motion for continuance of the trial and rescheduled it for December 9, 1992.

On October 12, 1992, the district court issued an order to the appellants compelling them to answer the interrogatories sent to them on June 23, 1992. The order stated as follows:

IT IS ORDERED that on or before the 30th day of October, 1992, the Plaintiffs shall provide full and complete answers to interrogatories propounded upon them on June 23. IT IS FURTHER ORDERED that Plaintiffs’ failure to answer the interrogatories shall be deemed an admission that their case is without merit and an order dismissing their case shall issue thereafter.

The Navajo Nation courts were closed on October 30,1992, so the appellants filed a certificate of service of the interrogatories with the district court on November 2, 1992. They assert that they served the answers on the appellee on November 2, 1992, but the appellee’s affidavit states that the postmark on the envelope shows service on November 4, 1992. The record shows that the answers to fourteen questions propounded did not conform to the specific instructions of the order. Some of the questions were either not answered at all or only partially answered. On November 4, 1992, the appellee filed his third motion to dismiss for the appellants’ failure to comply with the court order compelling discovery and for failure to prosecute in a timely manner.

On December 3, 1992, the district court dismissed the appellants’ complaint for failure to comply with the order compelling discovery and for failure to prosecute. The appellants appeal that order.

II

Two questions arise from this appeal: 1) whether the district court abused its discretion when it dismissed the appellants’ complaint for failure to comply with the October 12, 1992 court order compelling discovery; and 2) whether the district court abused its discretion when it dismissed the complaint for failure to [55]*55prosecute. An answer in the negative to either question is sufficient to support affirmance of the district court’s dismissal.

Ill

A trial court judge has the discretion to impose sanctions, including entry of judgment or dismissal of a complaint, for a party’s failure to obey discovery orders. Chavez v. Tome, 5 Nav. R. 183 (1987) (citing Four Corners Auto Sales v. Begay, 4 Nav. R. 100 (1983)); See, Nav. R. Civ. P. 37(b) (2) (C). In Chavez, the issue was whether the trial judge was correct in defaulting the defendant for his failure to comply with court orders to produce information at a deposition. This court upheld the trial court’s sanction.

Furthermore, in cases involving trial court discretion, we will not overturn a trial court’s decision unless it clearly abused its discretion. Benally v. Navajo Housing Authority, 3 Nav. R. 55 (1981). In Benally, we said, “[t]his court will not overturn decisions based upon the use of judicial discretion unless it clearly appears in the record the discretion was abused.” Id. at 56. A judge has abused discretion when his or her conduct is “so unreasonable as to be classified as capricious and arbitrary....” In the Matter of Summary Contempt of: Tuchawena, 2 Nav. R. 85, 89 (1979).

A trial court judge has wide discretion because thousands of cases go through the Navajo Nation court system annually.1 A judge must be able to control and manage the court docket to ensure that cases move in a timely and orderly fashion. Chavez, 5 Nav. R. at 188. The litigants must also be assured that their cases will be resolved within a reasonable time.

The trial court has the discretion to dismiss a plaintiff’s complaint if the plaintiff disobeys an order compelling discovery. On appeal that discretion will be reviewed for clear abuse. Our review of the entire record shows that the district court did not abuse its discretion when it dismissed the appellants’ complaint for failure to comply with the discovery order.

Foremost is the court’s October 12, 1992 order compelling discovery. That order explicitly warned the appellants that noncompliance with the order directing “full and complete” answers to all interrogatories by October 30, 1992, would result in dismissal. The appellants failed to heed that warning. First, they failed to file complete answers to all interrogatories on or before November 2, 1992. Second, some of the answers to the interrogatories were either incomplete or not answered at all. In fact, appellants admit in their brief that fourteen of the sixty-four interrogatories were either not answered or were only partially answered. Third, the appellants had over four months to answer the questions. The appellants’ failure to comply, by filing incomplete answers, is sufficient to uphold the district court’s dismissal.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Henderson v. Duncan
779 F.2d 1421 (Ninth Circuit, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
7 Navajo Rptr. 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-teller-navajo-1993.