In re McCutcheon (Ch 13 Case No. 16-70733, Adv. Case No. 17-07025)

The Defendant moved to dismiss and for sanctions this adversary proceeding because the Plaintiff failed to produce his exhibits in anticipation of trial. The Court orally ordered the Plaintiff to produce his exhibits by October 30, 2020 and, after the Plaintiff failed to comply, the Court again ordered the Plaintiff to produce his exhibits by January 10, 2021. The Court heard the motion on March, 4, 2021, at which point the Plaintiff had still not produced his exhibits. The Court found that, because of the Plaintiff’s failure to produce his exhibits and failure to comply with Court orders, along with other delays throughout the Plaintiff’s prosecution of the case, the Plaintiff had demonstrated a “clear record of delay” and “lesser sanctions would not suffice”, the standard for dismissal in Goforth v. Owens, 766 F.2d 1533 (11th Cir. 1985). Accordingly, the Court dismissed the adversary proceeding as a sanction.

Thursday, March 25, 2021