Anthony Calzada v. Dr. Larry Williamson, et al.

Summary

The United States District Court for the District of Nevada denied a defendant’s motion seeking dismissal sanctions. The court found the motion insufficiently developed and unsupported by adequate legal authority, including because it relied on uncitable unpublished Ninth Circuit dispositions and did not meaningfully address the required showing of willfulness, bad faith, or fault.

Holdings

1. A motion seeking dismissal as a discovery sanction must meaningfully address the applicable multi-factor analysis and provide a sufficiently developed factual and legal showing; Defendant's motion did not do so and was denied.
2. The motion did not make the developed showing of willfulness, bad faith, or fault necessary to support dismissal as a sanction.

Questions Presented

1. Whether Defendant's motion adequately supported the drastic sanction of dismissal for alleged discovery noncompliance.
2. Whether the motion established or meaningfully addressed the required showing of willfulness, bad faith, or fault.

Disposition

denied