Tony Hutchins, Virgil Houston, Eric Wynn, Gary Prince, Janice Davis, John Haliburton, Laverne Laws, Renee Petty, Jenay Parker, Cynthia Wilson, Wylda Carey, Darlene Y. Williams, Joseph Hicks, Felicia Clay, Sheila Harris, Marietta Sumrall, Deborah Moore, Vanessa Sutton, Gina Terrell, Sherrie Robinson, Appellants, v. A. G. Edwards & Sons, Inc., Appellee., 116 F.3d 1256

Summary

The employees repeatedly filed incomplete and late discovery responses, did not reply to numerous motions to compel, and did not pay the monetary discovery sanctions that were imposed upon them. The employees also failed to comply with numerous district court directives, including a 16-page memorandum and order that commanded them to show why their case should not be dismissed for their lack of diligence and cooperation in responding to discovery. The court held that it was not an abuse of discretion to dismiss the employees' case with prejudice. The record established a pattern of willful conduct on the employees' part that caused delay, burdened the district court's docket, and impaired the employer's ability to prepare for trial. The record also established that lesser sanctions were ineffective and that the decision to dismiss the case was made only after the employees' repeated failure to respond to less severe discovery sanctions. The employees' persistent and deliberate ...