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Forti v. Ashcraft12/30/2004
In looking at the fifth factor, the Court again can only note that no expert has appeared. Indeed, the Court is constrained to reach only one conclusion, which is that Plaintiff has no expert because no one has been willing to agree that legal malpractice was committed here.
A weighing of the factors, therefore, leads to the ineluctable conclusion that sanctions are warranted for Plaintiff's conduct. The sanction of dismissal, while severe, seems to be the only appropriate one here given Plaintiff's misrepresentations, her repeated delay, and her present inability still to either name an expert or explain credibly when she expects to have one. In addition, as an expert would be required for all of her claims, no lesser sanction -- e.g., partial dismissal -- is available to the Court here. See Tisdale, 697 A.2d at 54 (court should consider lesser sanctions). The Court reaches such a conclusion despite its cognizance of the "strong judicial and societal preference for determining cases on the merits." Abell, 697 A.2d at 800; Robinson, 2003 D.C. App. LEXIS 280 at *14.
The Court, accordingly, ORDERS that:
1. Plaintiff's Motion to Vacate Final Order is DENIED;
2. Defendants' Motion for Summary Judgment is GRANTED; and
3. The case is DISMISSED.
IT IS SO ORDERED.
May 23, 2003
James E. Boasberg Judge
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