Bryan R. Phillips v. Tim Cash, et al.

Summary

The United States District Court for the Eastern District of Tennessee dismissed Bryan R. Phillips’s action with prejudice for failure to prosecute and failure to comply with discovery requests and court orders. The court adopted in part the magistrate judge’s report and recommendation, granted sanctions against Defendants Tim Cash and Cody Pittman, and denied Defendant Tray Adams’s motions as moot.

Holdings

1. A district court may dismiss an action under Federal Rule of Civil Procedure 37(b)(2)(A)(v) when a party fails to obey a discovery order, and Plaintiff's repeated failure to respond to discovery and comply with the Court's orders warranted dismissal with prejudice.
2. The entire action should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff repeatedly failed to prosecute, comply with discovery obligations, and obey court orders.
3. Defendant Adams's motion to dismiss and motion for sanctions was denied as moot because the entire action was dismissed with prejudice.

Questions Presented

1. Whether sanctions under Federal Rule of Civil Procedure 37, including dismissal, were warranted for Plaintiff's failure to respond to discovery and comply with a discovery order.
2. Whether the entire action should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with the Federal Rules and court orders.
3. Whether Defendant Adams's motion to dismiss and motion for sanctions remained justiciable after dismissal of the action.

Disposition

dismissed