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Caldwell v. Cumberland County One Stop Career Center

May 27, 2008

RAHIM CALDWELL, PLAINTIFF PRO SE,
v.
CUMBERLAND COUNTY ONE STOP CAREER CENTER, ET AL., DEFENDANTS,



The opinion of the court was delivered by: Simandle, District Judge

MEMORANDUM OPINION

1. This matter comes before the Court on a motion by Defendants Tri-County Security and John Catling to dismiss the Complaint, pursuant to Fed. R. Civ. P. 37, for failure to comply with discovery [Docket Item 48]. The matter is opposed only by an untimely letter from Plaintiff that fails to address the substance of the motion [Docket Item 50]. For the reasons explained below, the Court shall grant the motion to dismiss the Complaint in its entirety.

2. Federal Rule of Civil Procedure 37 governs a party's failure to cooperate in discovery and provides this Court with power to dismiss a complaint in certain circumstances:

If a party . . . fails to obey an order to provide or permit discovery, including an order under Rule 26(f), 35, or 37(a), the court where the action is pending may issue further just orders. They may include the following:

(i) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims;

(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence;

(iii) striking pleadings in whole or in part;

(iv) staying further proceedings until the order is obeyed;

(v) dismissing the action or proceeding in whole or in part;

(vi) rendering a default judgment against the disobedient party; or

(vii) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination.

Fed. R. Civ. P. 37(b)(2)(A).

3. In addition, Federal Rule of Civil Procedure 37(d)(1) explicitly provides this Court with power to order any of those sanctions if a party fails to attend his own deposition.

4. In this case, Plaintiff Rahim Caldwell has failed to comply with court ordered discovery and failed to attend his own deposition, thus triggering this Court's power to ...


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