Roberta Arnoux v. JTL Group, Inc., Pioneer Ready Mix, Inc.

Summary

The Montana Supreme Court affirmed the dismissal with prejudice of Roberta Arnoux's personal injury and employment discrimination actions against JTL Group and Pioneer Ready Mix. The court held that unsupported factual assertions and exhibits could be stricken from the appellate materials and concluded that Arnoux had failed to comply with discovery obligations, scheduling orders, and prosecution requirements.

Holdings

1. The appellate court will not consider off-the-record allegations or unsupported statements, arguments, and exhibits that are not supported by the appellate record and do not comply with the Montana Rules of Appellate Procedure.
2. The District Court did not abuse its discretion by dismissing both of Arnoux's complaints with prejudice.

Questions Presented

1. Whether unsupported factual assertions, arguments, and exhibits in Arnoux's appellate brief should be stricken because they were not supported by the record.
2. Whether the District Court properly dismissed both complaints with prejudice as sanctions for discovery violations, failure to comply with scheduling orders, and failure to prosecute.

Disposition

affirmed