Quiles v. Beth Israel Medical Center

168 F.R.D. 15, 36 Fed. R. Serv. 3d 1385, 1996 U.S. Dist. LEXIS 8872, 69 Empl. Prac. Dec. (CCH) 44,358, 71 Fair Empl. Prac. Cas. (BNA) 733, 1996 WL 352914
CourtDistrict Court, S.D. New York
DecidedJune 24, 1996
DocketNo. 94 Civ. 3952 (JGK)
StatusPublished
Cited by12 cases

This text of 168 F.R.D. 15 (Quiles v. Beth Israel Medical Center) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quiles v. Beth Israel Medical Center, 168 F.R.D. 15, 36 Fed. R. Serv. 3d 1385, 1996 U.S. Dist. LEXIS 8872, 69 Empl. Prac. Dec. (CCH) 44,358, 71 Fair Empl. Prac. Cas. (BNA) 733, 1996 WL 352914 (S.D.N.Y. 1996).

Opinion

OPINION AND ORDER

KOELTL, District Judge:

Defendant Beth Israel Medical Center (“BIMC”) moves, pursuant to Fed.R.Civ.P. 37(b) and 16(f), for dismissal of the complaint and the imposition of monetary sanctions for the plaintiffs repeated failures to comply with discovery orders and failures to appear at pre-trial conferences. For the reasons set forth below, the defendant’s motion is granted in part and the complaint is dismissed with prejudice. The defendant’s request for monetary sanctions is denied.

I.

Plaintiff Elizabeth Quiles commenced this action on May 26, 1994, pursuant to Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Quiles, a former secretary in BIMC’s Social Work/Discharge Planning Department, alleges that she was sexually harassed by her supervisor during the course of her employment at BIMC. Although originally represented by counsel in this action, Quiles has been proceeding pro se since November 15,1994.

Central to this dispute are a journal kept by Quiles and tape recordings of conversations between her and BIMC employees that Quiles alleges are in her possession. BIMC sought access to these items in order to review them prior to conducting Quiles’ deposition. Between May 26,1994, and February 6,1995, the Court issued three orders, directing Quiles to produce the journal and tapes for inspection and copying by BIMC. Quiles did not comply with these orders despite being told by her attorney that she was under an obligation to produce the documents and tapes, and despite repeated warnings from the Court that failure to comply with Court orders could result in the dismissal of her complaint.1 Quiles did not provide any excuse for her noneompliance at that time.2 In addition, Qufles failed to appear at [17]*17a pre-trial conference held on November 15, 1994.

On March 20, 1995, in light of Quiles’ continuing failure to comply with the Court’s discovery orders, BIMC requested that the complaint be dismissed. Following a pretrial conference on June 2,1995, which Quiles failed to attend despite notice, the Court scheduled BIMC’s motion to dismiss the case. The Court warned Quiles that failure to oppose BIMC’s motion could result in dismissal of the case. Quiles filed papers opposing the motion on August 15, 1995.

The Court heard oral argument on BIMC’s motion to dismiss on September 29, 1995. Mindful of Quiles’ pro se status, the Court denied BIMC’s motion to dismiss without prejudice to renewal. Further, in an attempt to facilitate Quiles’ compliance with the discovery orders, the Court set out a schedule directing BIMC to provide Quiles with the names of two commercial copying services to enable Quiles to make copies of the audio tapes. Quiles was to select one of the copying centers and deliver the tapes to the center by October 12, 1995. In addition, Quiles was to produce all requested documents by October 13, 1995. She was also informed of the availability of the Pro Se Office to assist her. The Court extended this deadline to November 27, 1995, after Quiles wrote to the Court requesting an extension of time because she was attempting to secure an attorney to represent her.

On October 17, 1995, BIMC served Quiles with its First Set of Interrogatories, responses to which were due on November 30, 1995. Quiles failed to meet this deadline. Nearly three months later, on January 8, 1996, she wrote to the Court stating that she had not received the interrogatories. BIMC reserved its First Set of Interrogatories by registered mail on January 30, 1996. Quiles’ response was due by March 4,1996.

Quiles failed to comply with the November 27 deadline for submission of her tapes for copying and production of the requested documents. Instead, she wrote to the court requesting “one last extension,” stating that she was still trying to obtain counsel. The Court granted this request, staying the action again until January 3,1996. On January 5,1996, Quiles wrote to the Court requesting still another extension of time, contending that prospective counsel wished to review the original documents and tapes. The Court granted Quiles’ third request for an extension over BIMC’s strong opposition and renewed motion for dismissal of the action. By order of January 25, 1996, the Court stayed the action again until February 21, 1996, directed Quiles to turn over her tapes and requested documents by February 22, 1996, and again denied BIMC’s motion for dismissal. The Court also issued an explicit warning to Quiles, stating that “the plaintiff is warned that she must comply with these dates whether she has retained counsel or not. Particularly, in view of plaintiffs failure to comply with prior discovery orders, failure to comply with this discovery order may result in the dismissal of her ease.”

Quiles failed to heed this warning and did not comply with the February 22,1996, deadline. She also ignored the March 4, 1996 deadline for responding to BIMC’s interrogatories. On March 15,1996, the Court directed BIMC to file a renewed motion for dismissal of the complaint. The Court also warned Quiles that failure to respond to the motion could result in dismissal of her case. To date, Quiles has not presented any papers in response to BIMC’s motion for dismissal. The Court heard oral argument on the motion on April 12,1996, and the plaintiff again failed to appear, although she sent a representative to argue on her behalf.

II.

Rule 37 of The Federal Rules of Civil Procedure addresses the consequences of a party’s failure to comply with discovery orders. See Societe Internationale Pour Participations Industrielles et Commerciales v. Rogers, 357 U.S. 197, 207, 78 S.Ct. 1087, 1093, 2 L.Ed.2d 1255 (1958); Bobal v. Rensselaer Polytechnic Institute, 916 F.2d 759, 763-764 (2d Cir.1990), cert. denied, 499 U.S. 943, 111 S.Ct. 1404, 113 L.Ed.2d 459 (1991). Rule 37 provides, in relevant part, that:

If a party ... fails to obey an order to provide or permit discovery ..., the court in which the action is pending may make [18]*18such orders in regard to the failure as are just, and among others the following:
(C) An order ... dismissing the action or proceeding ...

Fed.R.Civ.P. 37(b)(2). Federal Rule of Civil Procedure 16(f) provides that if a party fails to obey a scheduling or pretrial order, or fails to appear at a scheduling or pretrial conference, the court may impose sanctions “as are just, and among others, any of the orders provided in Rule 37(b)(2)(B), (C) [or] (D).” Fed.R.Civ.P. 16(f).3

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Bluebook (online)
168 F.R.D. 15, 36 Fed. R. Serv. 3d 1385, 1996 U.S. Dist. LEXIS 8872, 69 Empl. Prac. Dec. (CCH) 44,358, 71 Fair Empl. Prac. Cas. (BNA) 733, 1996 WL 352914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quiles-v-beth-israel-medical-center-nysd-1996.