ZK Result: Attorneys Aaron Weiss and Jeffrey Ramaley Obtain Defense Win in the United States District Court for the Western District of Pennsylvania
(Pittsburgh, PA) (July, 2016). Attorneys Aaron Weiss and Jeffrey Ramaley obtained dismissal of a federal court case on behalf of their clients due to the Plaintiffs’ failure to comply with discovery requirements. Plaintiffs alleged injuries as the result of an accident with a truck, owned and operated by the Defendants. Defendants served discovery on Plaintiffs on July 6, 2015. For over 300 days – and despite multiple motions to compel and a motion for sanctions – Plaintiffs failed to respond to any of Defendants’ requests. On Friday, July 1, 2016, the Western District issued a Court Order and Memorandum Opinion granting Defendant’s Motion for Rule 37 Sanctions, seeking to dismiss this case in its entirety.
The Court agreed with Defendants’ argument, and emphasized that despite the passage of almost one year since discovery was first served, Defendants had not received “a single document, e-mail, or phone call from either Plaintiff in this matter.” The court concluded that “[l]itigation cannot proceed without discovery, and Plaintiffs have consistently demonstrated that they will not engage in the discovery process. To permit the case to continue would be a waste of judicial resources and would only serve to further prejudice Defendants.”