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Civil Practice – Discovery – Sanctions – Pro Se Plaintiff

Civil Practice – Discovery – Sanctions – Pro Se Plaintiff

Gillespie v. Majestic Transport, Inc. (Lawyers Weekly No. 020-050-17, 16 pp.) (Gregory McGuire, J.) 2017 NCBC 43

Holding: Even though plaintiff has been unable to retain new counsel since his original attorneys withdrew, he consented to the withdrawal, he has been given more than a reasonable time to find new counsel, and he has decided to proceed pro se. An individual who chooses to represent himself in a civil action must abide by the court’s orders and by the applicable rules of procedure. Given plaintiff’s failure to respond to defendants’ discovery requests or to this court’s discovery orders, sanctions other than dismissal would be inadequate.

Since the lack of counsel’s assistance has probably hampered plaintiff’s ability to comply with court rules and orders, plaintiff’s complaint is dismissed without prejudice. He shall pay defendants $2,421 in attorneys’ fees they incurred in pursuing their motions to compel discovery.


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