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Arnoux v. JTL Group3/6/2001
APPEAL FROM: District Court of the Eighteenth Judicial District, In and for the County of Gallatin, The Honorable Thomas A. Olson, Judge presiding.
Submitted on Briefs: February 1, 2001
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court.
The Eighteenth Judicial District Court, Gallatin County, granted JTL Group's (JTL) motion to dismiss Roberta Arnoux's (Arnoux) two cases for failure to comply with discovery rules, for failure to comply with the District Court's scheduling orders, and for failure to prosecute her cases. Arnoux now appeals. We affirm.
The issues on appeal are properly stated as follows:
1. Should most of Arnoux's statement of facts, exhibits and arguments be stricken and not considered on this appeal?
2. Was the District Court correct in dismissing both of Arnoux's claims with prejudice?
FACTUAL BACKGROUND
On July 20, 1995, Arnoux filed a personal injury action against JTL, her employer, under cause No. DV 95-211, alleging she was injured when a co-employee struck her with his truck. Arnoux was represented at the time by Peter Michael Meloy. Both parties asked and answered written discovery between August 1995 and March 1996. JTL took the depositions of Arnoux's seven doctors and one fact witness. Arnoux took no depositions. A pretrial conference was held and a pretrial order was signed on April 16, 1997.
Arnoux then attempted to amend her personal injury case to add allegations of discrimination. The District Court denied Arnoux's motion to amend. On June 13, 1997, Arnoux filed her second complaint against JTL, under cause No. DV 97-207, alleging sexual and racial discrimination. On November 26, 1997, Mr. Meloy moved to withdraw as attorney for Arnoux in both cases. The District Court held two hearings on Meloy's withdrawal, and ultimately granted his motion.
Philip Roy appeared as Arnoux's attorney in both cases in June 1998. The District Court held a pretrial conference and issued a second scheduling order on July 16, 1998, combining the two cases for the purposes of discovery, exchange of information, mediation, and a pretrial conference. On August 17, 1998, JTL deposed Arnoux in the discrimination case. JTL then served written discovery on Arnoux on September 15, 1998, along with a request for statement of damages.
On September 15, 1998, JTL also filed and served its lay witness and exhibit lists, as both parties were required to do under the scheduling order. On October 15, 1998, JTL filed and served its Rule 26(b)(4) expert disclosures in both cases, again in compliance with the scheduling order. Arnoux failed to meet either deadline. Arnoux took no depositions in 1998, nor did she submit any further written discovery, or supplement her previous discovery responses with updated medical records. In addition, she failed to respond to JTL's request for statement of damages, and did not timely answer JTL's written discovery.
On January 7, 1999, attorneys for both sides agreed to mediation, to be held in Bozeman on January 15, 1999. The Mediator sent an order verifying the time and place of the settlement conference to both sides. However, Arnoux canceled on January 13, 1999, because her attorney was moving offices. The settlement conference was not rescheduled.
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