444 F. App'x 504
2d Cir.2011Background
- Brown, a resident of England proceeding pro se, sued Astoria Federal Savings & Loan Association and the New York State Supreme Court for the Second Judicial District in the Eastern District of New York.
- The district court denied Brown’s motions for a protective order to compel deposition by writing or telephone rather than in person.
- Magistrate Judge denied Brown’s protective-order motions on June 1 and June 10, 2010, and again adhered to those denials on reconsideration on August 12, 2010.
- Brown did not file objections to the magistrate judge’s orders within 14 days as required by Fed. R. Civ. P. 72(a), waiving appellate review of those rulings.
- Brown ultimately failed to attend a deposition after a district-court warning, leading to dismissal under Fed. R. Civ. P. 37(b)(2)(A)(v).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the protective-order denials were abused | Brown | Astoria | No abuse found |
| Whether dismissal for failure to comply with a discovery order was proper | Brown | Astoria | Dismissal within district court discretion |
Key Cases Cited
- Gambale v. Deutsche Bank AG, 377 F.3d 133 (2d Cir. 2004) (protective-order burden on movant; require good cause)
- Agiwal v. Mid Island Mortg. Corp., 555 F.3d 298 (2d Cir. 2009) (district court may impose sanctions for failure to comply with discovery orders)
- Hyam v. American Export Lines, 213 F.2d 221 (2d Cir. 1954) (intercontinental travel considerations; not dispositive but distinguishable)
- SEC v. TheStreet.Com, 273 F.3d 222 (2d Cir. 2001) (standard of review for protective-order rulings)