Anthony Romano v. Stephen Laskowski, et al.

Summary

The United States District Court for the Western District of New York adopted a magistrate judge’s Report and Recommendation and dismissed Anthony Romano’s 42 U.S.C. § 1983 action with prejudice under Federal Rule of Civil Procedure 41(b). The court found that Romano’s refusal to participate in discovery constituted willfulness, bad faith, or reasonably serious fault, and that lesser sanctions would be ineffective.

Holdings

1. The district court accepted and adopted the magistrate judge's finding that Romano's refusal to participate in discovery and disregard of a court order constituted willfulness, bad faith, or reasonably serious fault.
2. No sanction less severe than dismissal with prejudice would be effective under the circumstances.
3. The action was dismissed with prejudice under Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether the magistrate judge's findings that Romano's discovery nonparticipation and disregard of a court order constituted willfulness, bad faith, or reasonably serious fault should be adopted.
2. Whether sanctions short of dismissal would be effective under the circumstances.
3. Whether the action should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed