(DOWNLOAD) "Wanderer V. Johnston" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Wanderer V. Johnston
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 18, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This is an appeal from a very substantial monetary default judgment entered in favor of the plaintiffs-appellees as sanctions under Federal Rule of Civil Procedure 37 for flagrant discovery violations by the defendants-appellants.*fn1 Defendants appeal, contending the judgment constituted an abuse of discretion amounting to a violation of due process because of claimed inaccuracies and omissions in the findings proposed by the magistrate and adopted by the district court. We have reviewed the record in light of those contentions and conclude that the magistrate's findings were fully supported by the evidence in every material respect. The severe sanction of default was justified by the defendants' repeated and inexcusable obstructions of every type of discovery attempted by the plaintiffs. See National Hockey League v. Metro Hockey Club, Inc., 427 U.S. 639, 49 L. Ed. 2d 747, 96 S. Ct. 2778 (1976). We reach the same conclusion that District Judge Weigel reached when he imposed the sanctions upon the recommended findings of fact and conclusions of law of Magistrate Joan Brennan.
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