Achievements & Results

Melissa Bailey Obtains Complete Dismissal as Discovery Sanction

Melissa Bailey recently obtained a complete dismissal of two plaintiffs’ complaint as a discovery sanction.  After the plaintiffs failed to timely respond to numerous sets of written discovery, we moved to dismiss the case in its entirety on the basis of failure to prosecute.  The plaintiff failed to provide an adequate explanation for the failures.  The State Court of Douglas County granted the motion to dismiss, resulting in a complete dismissal of plaintiff’s complaint.  Because the plaintiffs had filed a prior dismissal, it resulted in any future re-litigation of the issues being foreclosed.