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Legal Memorandum: Failure to Pay Sanctions for Discovery Violations

Issue: What are some cases that relate to the question of whether a plaintiff may obtain a default judgment because of the defendant’s failure to pay sanctions previously imposed for discovery violations?

Area of Law: Litigation & Procedure
Keywords: Sanctions; Discovery violations; Default judgment
Jurisdiction: Federal
Cited Cases: 836 A.2d 1167; 778 N.Y.S.2d 713; 317 F. Supp. 2d 444; 134 S.W.3d 835; 372 F.3d 890; 364 F.3d 1112; 85 P.3d 458
Cited Statutes: None
Date: 09/01/2004

Direct TV, Inc. v. McDowell, No. 3-03-CV-2065-P, 2004 WL 1960142 (N.D. Tex. Sept. 3, 2004) (Defendant’s failure to appear at two hearings and pay a $500 sanction supported default judgment in plaintiff’s favor)

Grober v. Turner, No. B169545, 2004 WL 154655 (Cal. App. Ct. Jul. 12, 2004) (unpublished) (Failure to pay monetary sanctions justified, in part, the court’s denial of defendant’s motion to vacate default judgment)

Maynard v. Nygren, 372 F.3d 890 (7th Cir. 2004) (District court acted within its discretion in dismissing case as a discovery sanction for plaintiff’s failure to disclose letter, rather than imposing a lesser sanction; plaintiff continued to be untruthful, plaintiff had failed to pay any portion of monetary sanctions imposed against him, and evidence in support of plaintiff’s case was weak)

Royal Caterers, L.L.C. v. Marine Midland, 778 N.Y.S.2d 713 (N.Y. App. Div. 2d Dept. 2004) (The plaintiffs’ repeated failure to comply with court-ordered discovery and their failure to timely pay monetary sanctions imposed was clearly willful, deliberate, and contumacious conduct, justifying dismissal)

Lacy v. Principi, 317 F. Supp. 2d 444 (S.D.N.Y. 2004) (Monetary sanctions will be ineffective against a party who cannot afford to pay them)

Cire v. Cummings, 134 S.W.3d 835 (Tex. 2004) (Dismissal of plaintiff’s complaint is appropriate when monetary sanctions will be ineffective and the court has considered less-restrictive sanctions for discovery violations)

Computer Task Group, Inc. v. Brotby, […]

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