Nelson v. Schultz

Dist. Ct. did not abuse its discretion in dismissing plaintiff’s breach of contract and tort actions after plaintiff failed to abide by two Dist. Ct. orders directing him to produce copies of his tax returns and certain bank records that defendants had requested in discovery, and after Dist. Ct. had warned plaintiff that his failure to produce said documents could result in dismissal of his actions. Moreover, Dist. Ct.’s statement that dismissal of plaintiff’s actions was due to his “failure to cooperate in discovery” and his “pattern of dilatory conduct” demonstrated that Dist. Ct. adequately assessed whether plaintiff’s neglect in pursuing his case was sufficiently serious to warrant dismissal. Fact that Dist. Ct. did not expressly consider potential of imposing lesser sanctions did not require different result.