Degrelle v. Simon Wiesenthal Center

1989 WL 90172 (1989)

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Degrelle v. Simon Wiesenthal Center

United States Court of Appeals for the Ninth Circuit
1989 WL 90172 (1989)

  • Written by Sharon Feldman, JD

Facts

Leon Degrelle (plaintiff) sued Simon Wiesenthal Center (SWC) (defendant) for racketeering, assault, false imprisonment, invasion of privacy, and defamation. Degrelle alleged that the SWC had labeled him a Nazi war criminal and offered a $1 million reward for his capture. SWC moved to dismiss the complaint after Degrelle failed to appear for his noticed and re-noticed deposition. The district court denied the motion, directed Degrelle to appear in Los Angeles to be deposed within 60 days of receiving notice, and warned Degrelle that his action would be dismissed if he failed to appear without obtaining a protective order. SWC re-noticed Degrelle’s deposition, and Degrelle moved for a protective order requesting that the deposition be deferred until 10 days before trial or be conducted by written interrogatories. The magistrate denied the motion, ruling that there was sufficient evidence that Degrelle could not afford to travel from Spain to California and requiring SWC to pay for Degrelle’s round-trip airfare. SWC sent Degrelle a round-trip ticket, but Degrelle failed to appear on the date set by the magistrate. SWC moved for default judgment. The district court dismissed Degrelle’s action with prejudice. Degrelle appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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