You Can’t Win if You Don’t Play

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In a terse opinion, Judge Jackson dismissed the claims of the plaintiff in Mortensen v. SeaWorld Parks & Entertainment, LLC, 4:19-cv-00038.  The defendant served discovery on May 15, 2019.  But the plaintiff apparently never communicated with her attorney despite attempts on May 23, May 31, June 1, June 4, June 5, and June 10.  Hearing nothing but silence, plaintiff’s counsel moved to withdraw.  On August 6, 2019, having still never received any discovery responses, the defendant moved to dismiss the case.

Judge Jackson concluded dismissal with prejudice was the appropriate remedy.  Citing plaintiff’s “disengagement with her counsel and nonparticipation in discovery,” the Court concluded that dismissal was the only appropriate remedy.

A copy of Judge Jackson’s opinion is here.

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