New York v. Gleave

No. 94-CV-370C (189 F.R.D. 263) (W.D.N.Y. October 13, 1999)

ELR Digest

The court denies a Comprehensive Environmental Response, Compensation, and Liability Act defendant's request to strike third-party defendant's pleadings or to enter judgment against them for failing to comply with previous court orders regarding the payment of attorneys fees and the filing of financial affidavits. The court first holds that sanctions under Fed. R. Civ. P. Rule 37 cannot be imposed against the third-party defendants because Fed. R. Civ. P. Rule 37 only applies to parties who fail to comply with orders requiring discovery. Moreover, the court refuses to use its inherent power to impose sanctions because the third-party defendants have not violated orders that go to the heart of this case. Although the third-party defendants have been dilatory and uncooperative throughout discovery, their misconduct has not impaired or blocked the action's resolution.

The full text of this opinion is available from ELR (6 pp., ELR Order No. L-110).

Counsel for Plaintiff
Timothy Hoffman
U.S. Attorney's Office
138 Delaware Ave., Buffalo NY 14202
(716) 551-4826

Counsel for Defendants
Donald Summer
Law Offices of Donald Summer
875 Maple Rd., Williamsville NY 14221
(716) 634-6900

[30 ELR 20167]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]