McKenzie v. Scheeler

949 P.2d 1168, 285 Mont. 500, 54 State Rptr. 1277, 1997 Mont. LEXIS 260
CourtMontana Supreme Court
DecidedDecember 2, 1997
Docket97-106
StatusPublished
Cited by52 cases

This text of 949 P.2d 1168 (McKenzie v. Scheeler) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKenzie v. Scheeler, 949 P.2d 1168, 285 Mont. 500, 54 State Rptr. 1277, 1997 Mont. LEXIS 260 (Mo. 1997).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

James R. McKenzie (McKenzie) appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on its order dismissing his complaint with prejudice and from the District Court’s subsequent order denying his motion to alter or amend the order of dismissal. We affirm.

We restate the issue on appeal as whether the District Court erred in dismissing McKenzie’s complaint with prejudice for failing to comply with discovery procedures and scheduling orders.

BACKGROUND

On December 8, 1994, McKenzie, a Canadian citizen, filed a complaint against Valentine M. Scheeler (Scheeler) for damages allegedly resulting from a vehicle accident which occurred north of St. Ignatius, Montana, on December 9, 1992. The complaint alleged that McKenzie had suffered property damages, personal injuries, pain and suffering, emotional stress, medical expenses and loss of wages as a result of the accident. After Scheeler answered the complaint, the District Court issued an order directing McKenzie to consult with Scheeler regarding the scheduling of pretrial matters and submit a proposed scheduling order by June 23, 1995. When McKenzie failed to submit a proposed order, Scheeler filed his own proposed scheduling order and the court adopted it. The scheduling order set deadlines for amending pleadings, providing expert witness disclosure statements, exchanging lay witness and exhibit lists, completing discovery and filing pretrial motions. The order also designated dates by which a settlement conference would be held and a pretrial order would be filed.

Scheeler served McKenzie with interrogatories and requests for production of documents on April 17, 1995, which included requests for medical records regarding any injury or medical condition McKenzie suffered from prior to the December 9, 1992, accident; records of [504]*504medical expenses incurred by McKenzie as a result of the accident; copies of all documentary evidence McKenzie expected to offer at trial; copies of McKenzie’s income tax returns for a ten-year period; and copies of prescriptions and prescription receipts for any drugs McKenzie purchased or used during the year prior to the accident. McKenzie did not respond until November 13, 1995. In addition to his failure to serve the discovery responses within the 30-day time limit provided in Rules 33(a) and 34(b), M.R.Civ.P., McKenzie’s responses to many of the interrogatories and requests for production admittedly were incomplete, erroneous or otherwise inadequate. During his deposition in January of 1996, McKenzie stated he would produce additional medical, employment and financial records. He eventually provided Scheeler with several additional documents in June of 1996, but the documents did not include the medical records and tax returns Scheeler had requested in April of 1995.

The District Court’s scheduling order required the parties to conduct a settlement conference by March 25, 1996. The settlement conference was not held and, when the court noted that a settlement master report had not been filed, it ordered the parties to file a status report. McKenzie’s status report stated that the case was behind schedule, in part, because of his inability to provide the complete information Scheeler had requested. McKenzie requested the court to modify the scheduling order to reopen discovery, which originally was to have been completed by February 1, 1996.

Scheeler’s status report outlined McKenzie’s failure to respond adequately to the requests for production of medical and financial documents. Scheeler also pointed out that McKenzie had failed to meet the deadlines contained in the court’s scheduling order for serving Scheeler with expert witness disclosure statements, lay witness lists and exhibit lists. Additionally, Scheeler reported that McKenzie had not arranged for a settlement conference or even proposed a settlement master; nor had he submitted a proposed pretrial order to Scheeler. Scheeler advised the District Court that he was reluctant to agree to any extensions of the time frames set out in the scheduling order and requested that, in the event the court extended those time frames, specific deadlines be set which would result in dismissal of the complaint if not met by McKenzie.

In light of the status reports, the District Court set a hearing for June 26, 1996, regarding the parties’ scheduling and discovery disagreements. At the hearing, McKenzie’s counsel admitted that McKenzie’s discovery responses had been both late and inadequate, [505]*505but asserted that he was experiencing some difficulties in obtaining the information required because of McKenzie’s Canadian residency. The District Court granted McKenzie until August 15, 1996, to provide the information Scheeler requested and stated that, if McKenzie failed to provide the necessary information by that deadline, it likely would impose sanctions, which could include dismissal of the action, for failure to comply with the scheduling order under Rule 16, M.R.Civ.P. The District Court further stated that Scheeler would have 10 days after McKenzie’s response to object to any insufficient response and scheduled a hearing for September 4,1996, to review the status of discovery matters. It also expressly ordered McKenzie to be present, personally and with counsel, at the September 4, 1996, hearing. The Minutes and Note of Ruling following this hearing reiterated that McKenzie was granted until August 15, 1996, to provide the requested information and that sanctions could be imposed if he failed to comply by that date.

McKenzie delivered some of the requested documents to Scheeler by the August 15, 1996, deadline. Thereafter, Scheeler filed a timely “Notice of Insufficiency and Objection to Plaintiff’s Tender of Discovery” stating that McKenzie still had not produced the complete medical records and income tax returns requested. The notice also summarized McKenzie’s continued failure to provide full expert witness disclosure statements, a lay witness list, an exhibit list, a proposed pretrial order and a suggested settlement master, as required by the original scheduling order. Scheeler pointed out that McKenzie had not offered any explanation for failing to comply with either the discovery requests or the court’s orders, and requested that the court dismiss the complaint.

Neither McKenzie nor his counsel appeared at the September 4, 1996, hearing as ordered by the District Court. Scheeler’s counsel appeared and reiterated his objections to McKenzie’s failure to comply with the original scheduling order and the court’s June 26, 1996, order. The District Court entered a Note of Ruling in which it dismissed McKenzie’s complaint, but specifically allowed 10 days within which McKenzie could move to set aside the dismissal order on a showing of good cause for his failure to respond or appear; alternatively, the court scheduled a hearing for September 13, 1996, at which, if he appeared with all the requested discovery documents, McKenzie could move to set aside the dismissal.

McKenzie’s counsel appeared at the hearing on September 13, 1996, and apologized for his absence from the prior hearing, stating [506]*506that he had misread the notice scheduling the September 4, 1996, hearing; McKenzie did not appear.

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

Related

Whalen v. Beartooth Elec.
2023 MT 195N (Montana Supreme Court, 2023)
T. Pratt v. W. Pratt
2022 MT 90N (Montana Supreme Court, 2022)
Mont. State Univ.-Bozeman v. Mont. First Judicial Dist. Court
2018 MT 220 (Montana Supreme Court, 2018)
Fox v. Fairbrother
2017 MT 135N (Montana Supreme Court, 2017)
Mundel v. Farmers
2017 MT 6N (Montana Supreme Court, 2017)
Mark Spotted Horse v. BNSF Railway
2015 MT 148 (Montana Supreme Court, 2015)
Serrania v. LPH, Inc.
2015 MT 113 (Montana Supreme Court, 2015)
Marriage of Tripp
2015 MT 89N (Montana Supreme Court, 2015)
Kraft v. HIGH COUNTRY MOTORS, INC.
2012 MT 83 (Montana Supreme Court, 2012)
Ternes v. State Farm Fire & Casualty Co.
2011 MT 156 (Montana Supreme Court, 2011)
Peterman v. Herbalife International, Inc.
2010 MT 142 (Montana Supreme Court, 2010)
Watson v. West
2009 MT 342 (Montana Supreme Court, 2009)
Stevenson v. Felco Industries, Inc.
2009 MT 299 (Montana Supreme Court, 2009)
Larchick v. Diocese of Great Falls-Billings
2009 MT 175 (Montana Supreme Court, 2009)
Murphy Homes, Inc. v. Muller
2007 MT 140 (Montana Supreme Court, 2007)
Rothing v. Kallestad
2007 MT 109 (Montana Supreme Court, 2007)
Linn v. Whitaker
2007 MT 46 (Montana Supreme Court, 2007)
Pumphrey v. Empire Lath and Plaster
2006 MT 99 (Montana Supreme Court, 2006)
Richardson v. State
2006 MT 43 (Montana Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
949 P.2d 1168, 285 Mont. 500, 54 State Rptr. 1277, 1997 Mont. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckenzie-v-scheeler-mont-1997.