Opinion
Case No. 01 C 7208
August 6, 2002
MS. DARLENE GEE Chicago, IL 60643 Pro Se Plaintiff.
MR. JAMES J. SEABERRY Assistant General Counsel Board of Education of the City of Chicago-Law Department Chicago, IL 60603 Attorney for Defendant.
REPORT AND RECOMMENDATION
Presently before this Court. is Defendant's Motion for Sanctions in which Defendant seeks dismissal of Plaintiff's case with prejudice pursuant to Federal Rule of Civil Procedure 37(b)(2)(C). On July 12, 2002, this Court ordered Plaintiff to "serve amended answers to interrogatories three, six, eleven, and twelve to Defendant on or before July 19, 2002. and to appear for a deposition on a date. no later than July 26, 2002. and at a time selected by Defendant in accordance with Rule 30." Gee v, City of Chi. Pub. Sch., No. 01 C 7208, 2002 WL 1559704, at *3 (ND. Ill. July 12, 2002) (copy attached). In accordance with this order, on July 17 Defendant served Plaintiff with a notice of deposition scheduled for July 23, 2002, at 10:00 AM The next day Plaintiff called Defendant's counsel In inform him that Plaintiff would not appear for the deposition. Plaintiff also slated that "she did not care what the court did" (Def.'s Mot. Sanctions at 2.) In fact, Plaintiff did not appear for the deposition on July 23, nor did she serve amended answers to interrogatories to Defendant by July 19, as required by the July 12 order
Plaintiff did not file a response to Defendant's motion. In addition, Plaintiff failed to appear when Defendant presented its motion in court on August 6, 2002.
Based on Plaintiff's willful refusal to appear for the deposition and her failure to serve amended answers to interrogatories in violation of the July 12 order, we recommend that this case be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 37(b)(2)(C). Plaintiff has been adequately warned, about the consequences of her conduct. We find that no lesser sanction is appropriate under the circumstances. See Serra-Lugo v. Consortium-Las Marias, 271 F.3d 5, 6 (1st Cir. 2001); Newman v. Metro. Pier Exposition Auth., 962 F.2d 589, 591 (7th Cir. 1992).
Written objections to any finding of fact, conclusion of law, or the recommendation for disposition of this matter must be filed with the Honorable David H. Coar within ten (10) days after service of this Report and Recommendation. See Fed.R.Civ.P. 72(b). Failure to object will constitute a waiver of objections on appeal.