Roland v. Salem Contract Carriers, Inc.

109 F.R.D. 424, 5 Fed. R. Serv. 3d 105, 1986 U.S. Dist. LEXIS 28654
CourtDistrict Court, N.D. Indiana
DecidedMarch 3, 1986
DocketCiv. No. H 85-56
StatusPublished
Cited by3 cases

This text of 109 F.R.D. 424 (Roland v. Salem Contract Carriers, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roland v. Salem Contract Carriers, Inc., 109 F.R.D. 424, 5 Fed. R. Serv. 3d 105, 1986 U.S. Dist. LEXIS 28654 (N.D. Ind. 1986).

Opinion

ORDER

ANDREW P. RODOVICH, United States Magistrate.

This matter is before the Court on the Third Motion to Dismiss Plaintiffs’ Complaint filed by the defendants on February 12, 1986. For the reasons set forth below, the motion is GRANTED.

On January 25, 1985, the plaintiffs filed their complaint seeking compensation for the injuries received in a traffic accident which occurred on January 28, 1983. Jurisdiction was based upon diversity of citizenship, 28 U.S.C. § 1332. On September 10, 1985, this case was referred to the United States Magistrate for trial pursuant to 28 U.S.C. § 636(c)(1). The defendants have made their third request for dismissal based upon the plaintiffs’ refusal to answer interrogatories filed on February 19, 1985.

A review of the docket reflects the following pertinent entries:

2/19/85 — Defendants filé a set of interrogatories directed to each plaintiff.
7/23/85 — Defendants file Motion to Dismiss Plaintiffs' Complaint based upon the plaintiffs’ refusal to answer the interrogatories.
9/6/85 —Order entered by the Honorable Michael S. Kanne, District Judge, requiring the plaintiffs to answer the pending interrogatories within 15 days and to obtain local counsel.
10/4/85 —Defendants file their Second Motion to Dismiss Plaintiffs’ Complaint based upon the plaintiffs failure to comply with the September 6, 1985 Order.
11/15/85 — All parties appear for a pretrial conference. The plaintiffs file answers to the interrogatories and ordered to obtain local counsel within 21 days.
12/17/85 — Defendants file Addendum to Motion to Dismiss alleging that the plaintiffs failed to file appropriate answers to Interrogatories 15, 16, 17, 18, 19, and 20.
1/15/86 — Plaintiffs ordered by this Court to answer Interrogatories 15, 16, 17, 18,19, and 20 “fully and completely on or before February 1, 1986” and defendants ordered to file a verified [426]*426statement supporting their request for attorney fees.
2/12/86 — Defendants file Third Motion to Dismiss Plaintiffs’ Complaint alleging that the plaintiffs failed to comply with the Order of January 15, 1986.
2/24/86 — Defendants file Statement of Attorney Fees.

In summary, over one year has passed since the defendants served each plaintiff with a set of interrogatories containing 20 questions. In spite of two court orders, the plaintiffs have failed to answer all of the interrogatories fully and completely.

Rule 37(b)(2) of the Federal Rules of Civil Procedure provides in part:

If a party ... fails to obey an order to provide or permit discovery, including an order made under subdivision (a) of this rule ... the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:
(C) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;
* * * * * *
In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him or both to pay the reasonable expenses, including attorney’s fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

Rule 41(b) of the Federal Rules of Civil Procedure provides in part:

For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against him---- Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision ... operates as an adjudication upon the merits.

The dismissal of a plaintiff’s case is the most drastic remedy available to a court, and a case should not be dismissed unless the court is satisfied that less drastic sanctions will not be effective. See generally: Zaddack v. AB Dick Company, 773 F.2d 147, 150 (7th Cir.1985); Stevens v. Greyhound Lines, Inc., 710 F.2d 1224, 1230 (7th Cir.1983); and Locascio v. Teletype Corporation, 694 F.2d 497, 499 (7th Cir.1982). In determining what sanctions are appropriate, the court should consider the length of the delay, any reasons advanced for the refusal to comply with the discovery orders, and the willfulness or bad faith of the recalcitrant party. See generally: Insurance Corporation of Ireland Ltd. v. Compagnie des Bauxites de Guinea, 456 U.S. 694, 102 S.Ct. 2099, 72 L.Ed.2d 492 (1982); National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639, 96 S.Ct. 2778, 49 L.Ed.2d 747 (1976); Hindmon v. National-Ben Franklin Life Insurance Corporation, 677 F.2d 617, 620-21 (7th Cir.1982); and Margoles v. Johns, 587 F.2d 885, 888 (7th Cir.1978).

In this case, the length of the delay is inexcusable. The set of interrogatories served upon each plaintiff contained only 20 questions. The questions sought routine information such as medical expenses incurred, lost wages, the nature of the injuries received by the plaintiffs, and the names and addresses of any potential witnesses. None of the questions required any extensive investigation or compilation of documents which would justify a delay of one year.

The only reason advanced by the plaintiffs for their failure to answer the interrogatories was the difficulty in obtaining local counsel. However, the plaintiffs have failed to explain how that difficulty has interfered with providing answers to a brief set of interrogatories. In spite of the fact that the defendants have filed three separate Motions to Dismiss, the plaintiffs advanced the local counsel problem as an explanation only to the first Motion to Dis[427]*427miss. The plaintiffs never filed a response to the second or third Motion to Dismiss.

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Bluebook (online)
109 F.R.D. 424, 5 Fed. R. Serv. 3d 105, 1986 U.S. Dist. LEXIS 28654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roland-v-salem-contract-carriers-inc-innd-1986.