Riverside Memorial Mausoleum, Inc. v. Sonnenblick-Goldman Corp.

80 F.R.D. 433, 26 Fed. R. Serv. 2d 1043, 1978 U.S. Dist. LEXIS 14927
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 17, 1978
DocketCiv. A. No. 75-1079
StatusPublished
Cited by7 cases

This text of 80 F.R.D. 433 (Riverside Memorial Mausoleum, Inc. v. Sonnenblick-Goldman Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riverside Memorial Mausoleum, Inc. v. Sonnenblick-Goldman Corp., 80 F.R.D. 433, 26 Fed. R. Serv. 2d 1043, 1978 U.S. Dist. LEXIS 14927 (E.D. Pa. 1978).

Opinion

MEMORANDUM

JOSEPH S. LORD, III, Chief Judge.

This case presents a picture of persistent and studied indifference by the plaintiffs to court orders and to the time requirements of the Federal Rules of Civil Procedure. The litany of defiance follows:

On October 20, 1975, mea sponte, I ordered briefs to be filed on the question of subject matter'jurisdiction. The plaintiffs’ brief was due on November 4th.

November 4th came and went and no brief was filed on behalf of the plaintiffs, nor had there been any request for an extension of time.

On November 13th, nine days after the plaintiffs’ brief was due, the parties filed a stipulation extending the time for filing the plaintiffs’ brief to November 25, 1975.

November 25, 1975 came and went. There was no brief on behalf of the plaintiffs and no request for any extension.

On December 10, 1975, five weeks after plaintiffs’ brief was originally due and fifteen days after it was due under the stipulation for extension, I entered an order dismissing the action for want of prosecution.

On December 16, 1975, plaintiffs filed a motion to vacate the dismissal which was denied on January 8, 1976. Finally, however, yielding to the entreaties of plaintiffs’ counsel, on March 1, 1976 I vacated the orders of December 10,1975 and January 8, 1976 and dismissed the action on other grounds.

After the case had been twice to the Court of Appeals and back, on July 18,1978 I entered an order directing that all discovery in this 1975 case be completed as of September 5, 1978. On July 21, 1978, fully conscious of the September 5th cut-off date, the defendant filed interrogatories to the plaintiffs. The interrogatories inquired into the entire theory and factual basis of plaintiffs’ claims. The answers were due on August 21, 1978.

August 21st saw the usual response from the plaintiffs — none. The answers were not filed nor was there any motion for an extension of time.

On August 24,1978 the defendant served plaintiffs with a motion for sanctions together with a notice that the motion would be filed in this court on August 31st. The specific sanction sought and of which plain[435]*435tiffs had notice was that the plaintiffs be precluded from offering any evidence as to the matters inquired into by the interrogatories.

The defendant’s motion was duly filed on August 31st.1 Plaintiffs filed a response to the motion for sanctions in which the only discernible reason given for non-compliance was that “[although the interrogatories number but eight, they are all-encompassing and the responses to the same may be quite voluminous.” (Emphasis added). On September 1,1978 I granted the motion for sanctions.

On September 6, 1978, after the completion date for discovery had expired, the plaintiffs filed a motion for extension of time to answer the defendant’s interrogatories and on September 8, 1978, without getting permission from the court or enlargement of time for discovery, the plaintiffs filed what purported to be answers to the defendant’s interrogatories. It turned out that the. “voluminous” answers, filed eighteen days late and three days beyond the court-ordered discovery deadline, consisted of six pages and a host of largely irrelevant and non-responsive documents, none of which was referenced to the specific interrogatory to which it was supposed to refer. In addition, although the interrogatories sought specific dates and events, none was given. In short, the answers were both late and unsatisfactory.

On September 11,1978 the plaintiffs filed a motion for reconsideration of my order granting the defendant’s motion for sanctions and on September 13,1978 this motion was denied.

On September 18,1978 the following motions were filed: (1) defendant’s motion for sanctions striking the plaintiffs’ answers to interrogatories; (2)-defendant’s motion for summary judgment; (3) plaintiffs’ answer to the motion for sanctions; and (4) plaintiffs’ answer to the motion for summary judgment.

F.R.Civ.P. 37(d) states in pertinent part as follows:

“If a party . . . fails . . . (2) to serve answers or objections to interrogatories submitted under Rule 33, after proper service of the interrogatories . the court in which the action is pending on motion may make such orders in regard to the. failure as are just, and among others it may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule.”

Rule 37(b)(2)(B) provides that the court may enter an order:

“. . . refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence.”

It was pursuant to this rule that I entered my order of September 1,1978 granting the defendant’s motion for sanctions.

Time limits, whether embodied in the Rules of Civil Procedure or in the order of a court, are designed to expedite the orderly movement and disposition of litigation. If those time limitations can be flouted persistently and at will, they are meaningless. Admittedly, the sanction invoked here is a stringent one and plaintiffs argue that the preclusionary order, amounting as it does to a virtual dismissal of the action, constitutes an abuse of discretion. I do not agree.

We begin with certain fundamental concepts: (1) a trial judge with an individual calendar is charged with the duty of moving his cases expeditiously; (2) to do so, he must have the power to order time limitations and to see to it that the deadlines contained in the Federal Rules of Civil Procedure are enforced; (3) he must have wide discretion to impose sanctions, without which he is helpless to enforce the exercise of his power under (2). “The conception of a court helpless to control its calendars is a hopeless one.” Gamble v. Pope & Talbot, Inc., 307 F.2d 729, 735 (3d Cir. 1962) (Biggs, Ch. J., dissenting).

[436]*436Springing from these basics is the recognition of the inherent power of a court to invoke even the stringent sanction of dismissal for disregard of orders and rules.

In Link v. Wabash Railroad Company, 291 F.2d 542 (7th Cir. 1961), aff’d 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962), the court said at page 546:

“Courts may exercise their inherent powers and invoke dismissal as a sanction in situations involving disregard by parties of orders, rules or settings.”

This “inherent power” has been incorporated into the Fed.Rules of Civ.Procedure. Rule 37(b)(2)(B), under which defendant here moved, provides for a preclusionary order. However, Rule 37(b)(2)(C) provides that for failure to answer interrogatories the court may enter an order “dismissing the action or proceeding * * * And Rule 41(b) provides in pertinent part:

“Involuntary Dismissal: Effect Thereof.

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80 F.R.D. 433, 26 Fed. R. Serv. 2d 1043, 1978 U.S. Dist. LEXIS 14927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riverside-memorial-mausoleum-inc-v-sonnenblick-goldman-corp-paed-1978.