GLENN T. COOPER AND GLENN E. FORD, PLAINTIFFS-APPELLANTS, v. CONSOLIDATED RAIL CORPORATION, DEFENDANT-RESPONDENT., 391 N.J. Super. 17

Summary

Plaintiffs failed to comply with defendant's discovery requests or to appear for depositions. Plaintiffs' counsel was allowed to withdraw due to a conflict between himself and one plaintiff. Pursuant to R. 4:23-5, the trial court dismissed the suit without prejudice and advised plaintiffs that if they provided the outstanding discovery within 90 days, the case would be reinstated. Plaintiffs hired new counsel, but failed to provide discovery within 90 days; their suit was dismissed with prejudice under R. 4:23-5(a)(2). The appellate court held that the trial court did not abuse its discretion by granting the motion to dismiss the complaint with prejudice. Although plaintiffs were pro se for a significant portion of the time following the initial dismissal without prejudice, that was not an "exceptional circumstance" necessary to avoid the ultimate sanction of R. 4:23-5(a)(2), where the trial court had painstakingly explained to plaintiffs their obligation to provide all outstanding ...