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Watson v. Albright

United States District Court, E.D. Missouri, Southeastern Division

March 23, 2017

ROBERT FREDERICK WATSON, Plaintiff,
v.
ZACH ALBRIGHT, Defendant.

          MEMORANDUM AND ORDER

          ABBIE CRITES-LEONI UNITED STATES MAGISTRATE JUDGE.

         Plaintiff Robert Frederick Watson filed the instant action seeking monetary damages for alleged constitutional violations pursuant to 42 U.S.C. § 1983 that he claims occurred during the booking process at the Mississippi County Jail. Presently pending before the Court is Defendant Zach Albright's Third Motion to Dismiss This Action with Prejudice for Plaintiff's Continued Violations of Court Orders. (Doc. 42.)

         Background

         On August 26, 2016, the Court granted Defendant's Motion to Compel, and directed Watson to provide Defendant with his initial disclosures no later than September 6, 2016. (Doc. 31.) The Court also cautioned Watson that failure to comply with the Order may result in sanctions under Rule 37(b), including dismissal of Watson's Complaint.

         On September 22, 2016, Defendant filed his first Motion to Dismiss, in which he stated that Plaintiff had not provided Defendant with “all documents that plaintiff believes mention, relate to, or in any way support plaintiff's claim” as directed by the Case Management Order. (Doc. 32) Watson also did not provide Defendant with “a list, including address, of all persons having knowledge or information of the facts giving rise to Plaintiff's claim.” Id. Instead, Defendant's counsel received a letter from Watson stating that the only “disclosures” that he intends on using at trial is the video that was provided to him in Defendant's initial disclosures. (Doc. 33-1.) Defendant requested that the Court dismiss this action with prejudice as a sanction for Watson's violations of the Court's Order to provide Defendant with Plaintiff's initial disclosures.

         In an Order dated October 17, 2016, the Court found that Watson's failure to provide initial disclosures appeared to result from his incorrect belief that he was only required to provide evidence that he intended to use at trial. (Doc. 36.) The Court, therefore, explained that Watson must provide Defendant with “all documents that plaintiff believes mention, relate to, or in any way support plaintiff's claim” and “a list, including address, of all persons having knowledge or information of the facts giving rise to Plaintiff's claim.” Id. at 4. The Court instructed Watson that he should provide these documents even if he does not intend to use them at trial. Watson was given until October 31, 2016, to provide the above-described documents. He was cautioned that the failure to comply with the Court's Order could result in sanctions under Rule 37(b), including the dismissal of his Complaint.

         On October 26, 2016, Watson filed a notice with the Court, in which he stated as follows:

In response to your letter requesting certain information and documents that I do not have. I send the Defendant everything I had plus I told the Defendant lawyer when we had our deposition that the video was my only documents so I have nothing to offer until I get someone to help me with this case. Now I send the Defendant all I had plus the video should support my claim.

         (Doc. 37 at 1.)

         Defendant responded by filing a Second Motion to Dismiss, in which he requested that the Court dismiss this action with prejudice as a sanction for Plaintiff's violations of the Court's Orders. (Doc. 38.)

         In an Order dated November 17, 2016, the Court informed Watson that counsel would not be appointed, and gave Watson one last opportunity to comply fully with the Court's Orders. (Doc. 41.) Watson was again directed to provide Defendant with “all documents that plaintiff believes mention, relate to, or in any way support plaintiff's claim, ” and “a list, including address, of all persons having knowledge or information of the facts giving rise to Plaintiff's claim.” Watson was instructed to provide these documents even if he does not intend to use them at trial, and was cautioned that “failure to comply with the Court's Order will result in the dismissal of Watson's Complaint.” Id. at 4.

         Discussion

         In the instant Motion to Dismiss, Defendant states that Watson has still not provided Defendant with his initial disclosures. Specifically, Defendant contends that Watson has failed to provide a list, including addresses, of all persons having knowledge or information of the facts giving rise to his claim. Defendant argues that Watson has willfully disobeyed this ...


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