Nathan Peplinski Obtains Dismissal of Insurance Claim Due to Plaintiff’s Failure to Comply with Discovery Orders
The plaintiff filed a claim with Nationwide General Insurance Company for compensation for claimed stolen personal property and damage to real property, alleging a total claim of over $190,000. Nathan Peplinski successfully obtained a dismissal of the plaintiff’s claims in favor of his client, Nationwide, due to the plaintiff’s failure to comply with the court’s discovery orders.
The first discovery order from the court was an order to compel the plaintiff’s initial disclosure, followed by an order to compel signed authorization, and finally, a third order to compel answers to interrogatories and requests to produce. After the plaintiff failed to comply with the last two orders, the court issued a fourth order compelling the signed authorizations, answers to the interrogatories, and answers to the requests to produce within seven days. When the plaintiffs again failed to comply, Peplinski requested, and the court granted a dismissal of the action with prejudice as a sanction for the plaintiff’s failure to cooperate in discovery and comply with the discovery orders.