Banken v. Driscoll

Summary

The United States District Court for the Western District of Washington grants the defendant’s motion to compel discovery, extend the case schedule, and impose sanctions. The court denies the plaintiff’s request to correct the record, strikes several supplemental filings, and orders the plaintiff to respond to discovery, participate in a deposition, and pay a $100 monetary sanction. The court warns that continued noncompliance may result in dismissal.

Holdings

1. The court denied Banken's request for record correction because it was effectively another motion for reconsideration of a previously denied and already reconsidered motion for summary judgment.
2. A party must comply with the Federal and Local Rules of Procedure, and the court may strike supplemental or corrective filings that do not comply with those rules.
3. The court granted the defendant's motion to compel discovery and extend the case schedule because Banken refused to respond to discovery requests or sit for a deposition without a valid legal basis.
4. Banken was not entitled to protection under Federal Rule of Civil Procedure 26(c) because he failed to show specific prejudice or harm resulting from the interrogatories.
5. The court imposed a $100 monetary sanction against Banken for willfully disobeying prior court orders, refusing to participate in discovery, failing to meet and confer, and making repeated unfounded assertions about the case record.
6. Continued failure to comply with court orders or participate in discovery may result in dismissal under Federal Rules of Civil Procedure 37(b)(2) and 41(b).

Questions Presented

1. Whether Banken's request for record correction, effectively a renewed motion for reconsideration, should be granted.
2. Whether Banken's supplemental filings should be considered despite the Federal and Local Rules of Procedure.
3. Whether the defendant was entitled to an order compelling discovery and extending the case schedule.
4. Whether Banken established good cause for a protective order under Federal Rule of Civil Procedure 26(c).
5. Whether monetary sanctions were warranted based on Banken's willful disobedience of court orders, refusal to participate in discovery, and vexatious filings.

Disposition

other