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Where a plaintiff has moved for the entry of a default judgment as a sanction, that motion should be allowed because the defendants have clearly shown they are unwilling to participate in the discovery process in good faith and in compliance with court orders. Recent opinion digests on civil practice issues: Civil practice – Sanctions
Where two defendants have repeatedly failed to produce documents in violation of court orders, defaults should be entered against both defendants on all claims. “As the court has repeatedly told defendants Gregory Moeller (‘Moeller’) and Bia Capital Management, LLC (‘Bia’) (for purposes of this section ‘defendants’), this case has generated more meritorious motions to compel
From the blog of Israel Drazin at The Times of Israel
Where a plaintiff who was expelled from the defendant university brought suit in U.S. District Court and filed an ex parte motion to proceed by pseudonym, the judge’s decision to deny that motion must be vacated and the matter remanded for application of the “exceptional cases” standard. “A writer is free to assume a nom
Where (1) a plaintiff was terminated from her position with a local “Head Start” program without having been afforded a due process hearing, (2) she was awarded only nominal damages, and (3) the plaintiff subsequently filed a motion for judgment as a matter of law under Rule 50(b) of the Federal Rules of Civil Procedure,