Wednesday, July 4, 2007

Haven v. Famous Footwear, 06-516-JHP


Employee filed suit alleging reverse gender discrimination under Title VII. Defendant issued written discovery, and counsel for Employee filed to withdraw from the case. Court stayed case to allow Employee to associate with new counsel, or enter an appearance pro se; Employee did neither. By Employee's failure, Court struck new scheduling conference set for the benefit of Employee's as-yet-to-be-named counsel.

HELD: Employee's failure to associate with new counsel, or otherwise enter appearance pro se (1) frustrated Defendant from obtaining discovery; (2) interfered with the judicial process by causing Court to strike scheduling conference; and (3) undermined authority of Court by failing to abide with various orders. Court found Employee's failure resulted from wilful or inexcusable neglect and therefore the efficacy of lesser sanctions was outweighed by conclusion that anything less than dismissal would result in serial and escalating sanctions.
Opinion

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