Lerner v. District of Columbia, et al., No. 00-CV-1590 (GK) (Jan. 27, 2004), Kessler, J.

Judge Kessler ordered the Defendant to produce documents, pay the Plaintiff’s costs and to show cause as to why the Defendant and Counsel should not be held in contempt of Court. This followed after the Plaintiff moved for sanctions against Defendant Patterson and for his ongoing failure to comply with his discovery obligations under the Federal Rules of Civil Procedure and his failure to comply with a specific Court Order, entered December 9, 2003, granting Plaintiff's Motion to Compel the Production of Documents. Throughout this litigation, Defendant Patterson's counsel consistently failed to comply with his discovery obligations and to handle this case in a professionally responsible and civil manner. In addition to not responding to discovery obligations, Judge Kessler found that he consistently ignored the basic civilities of law practice by refusing to return telephone calls, voicemail messages, and letters. In addition, Defendant’s counsel did not file an opposition to the Plaintiff’s latest motion for sanctions.

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Newsletter - January 2004