History
  • No items yet
midpage
Weber v. International Brotherhood of Electrical Workers, Local 124
685 F. App'x 502
| 8th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before COLLOTON, BOWMAN, and KELLY, Circuit Judges.

____________

PER CURIAM.

*2 Darryl Weber appeals after the District Court, upon motion, dismissed his [1] employment action with prejudice as a sanction for failure to comply with a court order to provide discovery responses. Weber, without explanation, failed to comply with the court’s order to provide supplemental discovery responses, and the record reveals other instances of Weber’s failure to cooperate in the discovery process, even after he was given multiple opportunities to do so. See Fed. R. Civ. P. 37(d)(1)(A)(ii) (stating that the court may order sanctions if “a party, after being properly served with interrogatories . . . , fails to serve its answers, objections, or written response”); see also 37(d)(3), (b)(2)(A)(v) (explaining that sanctions may include an order dismissing the action); 41(b) (stating that a defendant may move to dismiss if the plaintiff fails to comply with court rules or a court order). We conclude that the District Court did not abuse its discretion. See Smith v. Gold Dust Casino, 526 F.3d 402, 404–05 (8th Cir. 2008) (reviewing a Rule 41(b) dismissal for an abuse of discretion); Int’l Bhd. of Elec. Workers, Local Union No. 545 v. Hope Elec. Corp., 380 F.3d 1084, 1105 (8th Cir. 2004) (discussing appellate review of a Rule 37 sanction).

We affirm the judgment of the District Court.

______________________________

[1] The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. -2-

Case Details

Case Name: Weber v. International Brotherhood of Electrical Workers, Local 124
Court Name: Court of Appeals for the Eighth Circuit
Date Published: May 3, 2017
Citation: 685 F. App'x 502
Docket Number: 16-3252
Court Abbreviation: 8th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.