Dzik v. Bayer Corp.

Dist. Ct. did not err in dismissing plaintiff’s personal injury action as sanction for plaintiff’s counsel’s failure to provide defendant with legitimate discovery request, as well as counsel's failure to: (1) comply with provisions of case-management order requiring plaintiff’s counsel to inform defendant that future settlement talks could be productive or, alternatively, to respond to defendant’s notification that plaintiff had 120 days to provide defendant with certain medical records and any expert’s report; and (2) file any response to defendant’s motion to dismiss. While plaintiff’s counsel argued that his failure to respond to motion to dismiss constituted “excusable neglect” since he was on wedding-related vacation at time motion was filed, record showed that plaintiff’s counsel had essentially done nothing to advance case over 18-month period, including counsel’s failure to provide discovery responses that pertained to issue regarding whether plaintiff had ingested drug at issue in lawsuit. Moreover, plaintiff’s counsel failed to explain why other counsel in law office could not have been tracking case while lead counsel was on vacation.