00-1268 Johnson v. J.B. Hunt Transport, Inc.

Listen to this article

“The sequence of events reveals a pattern of dilatory conduct by Hunt. Hunt failed to respond to written discovery in a timely manner and relied on the absence of those responses as a basis to delay the depositions of Lincks and Perry. Hunt ultimately did not respond to the written discovery requests until after the discovery deadline had passed, indicating that it would have no problem extending discovery given the delay. It then refused to produce Lincks and Perry for deposition because the discovery deadline had passed. That is precisely the type of conduct for which discovery sanctions are appropriate. Litigants are expected to act in good faith in complying with their discovery obligations, and Hunt’s reliance on its own delay to justify refusing to produce Lincks and Perry was anything but good faith. Hunt ultimately refused to even discuss resolving the outstanding discovery issues with opposing counsel, choosing instead to let the court decide it. The court did so, and Hunt now seeks refuge from that decision. It will find no comfort here. The record amply supports the court’s decision that sanctions were appropriate, and those sanctions were tailored to the nature of the violation. Although Hunt claims that the sanction decimated its case and amounted to a directed verdict, that is inconsistent with its position earlier in the litigation that Lincks had no relevant information, and with its initial position that the second test was ordered by the clinic and it was merely complying with that order. The district court did not abuse its discretion in imposing the discovery sanction. It was precisely tailored to the nature of the discovery violation.”

Affirmed.

Appeal from the United States District Court for the Eastern District of Wisconsin, Clevert, J., Rovner, J.