Hogan v. Raymond Corp.

536 F. App’x 207 (2013)

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Hogan v. Raymond Corp.

United States Court of Appeals for the Third Circuit
536 F. App’x 207 (2013)

RW

Facts

Percy Hogan Jr. (plaintiff) brought a pro se personal-injury action in federal court against The Raymond Corporation (defendant). Hogan persistently ignored Raymond’s discovery requests to produce any evidence in his possession that could either support or refute his claims. Raymond moved to compel discovery. In granting that motion, the district court explained to Hogan the full scope of Hogan’s discovery obligations under Federal Rule of Civil Procedure 26(b)(1) and clearly warned Hogan that noncompliance with those obligations would lead to further sanctions. When Raymond renewed its discovery request, Hogan responded by producing only evidence that was favorable to him. Raymond successfully moved for an order requiring Hogan to show cause why the case should not be dismissed. The court fined Hogan $5,504.97, which Hogan could afford to pay, and which the court advised Hogan was a less-severe alternative to dismissal. The court clearly warned Hogan that dismissal remained an option if Hogan failed to pay the fine on time. When Hogan refused to pay the fine, the court dismissed the case pursuant to Federal Rule of Civil Procedure 12(b)(6). Hogan appealed to the circuit court of appeals, where he argued that the district court abused its discretion in imposing a monetary sanction.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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