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Involuntary Dismissal with Prejudice.

William A. Sabinson | June 22, 2016

William A. Sabinson, of the West Palm Beach office, obtained an involuntary dismissal with prejudice in a case where the Plaintiff was alleging to have suffered significant injury while she was being transported in our client’s medical transportation van. Pro se Plaintiff failed to respond to discovery, alleging she never received it, even though the request had been sent to the address she gave the Court when her prior counsel withdrew. After multiple motions to compel discovery responses and deposition dates, and court orders granting same, the Plaintiff filed a response with the Court alleging she never received the discovery requests or court orders and requested she be given additional time to respond and that the Court rescind its orders. William moved for a subsequent case management conference, at which all parties or counsel were ordered to appear. Despite William having discussed the conference directly with the Plaintiff, she did not appear. As a result, William moved for an involuntary dismissal based upon Plaintiff’s willful and contumacious regard for multiple court orders. In a detailed order outlining the Plaintiff’s repeated failures to comply with court orders, the Court dismissed the case involuntarily with prejudice.

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