Summary 2009 WY 90

Summary of Decision issued July 10, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: White v. State, ex rel., WYDOT

Citation: 2009 WY 90

Docket Number: S-08-0224

Appeal from the District Court of Laramie County, the Honorable Michael K. Davis, Judge.

Representing White: Bernard Q. Phelan, Phelan Law Offices, Cheyenne, Wyoming

Representing State: Bruce A. Salzburg, Attorney General; Theodore Racines, Senior Assistant Attorney General.

Facts/Discussion: White and Kenney challenged the district court’s order dismissing their complaint pursuant to W.R.C.P. 37(b)(2) as a sanction for their failure to comply with two orders compelling discovery.
A party served with discovery requests must respond within 30 days of service unless that party objects or moves for a protective order. It was undisputed that Appellants did not respond to discovery requests within the requisite period and did not respond at all to some of the requests. It is also undisputed that Appellants never filed any objection or motion for a protective order. Despite the district court’s warnings Appellants failed to comply. In the instant case, the district court did not abuse its discretion.
Additionally, Appellants contended the Court should find per se abuse of discretion because the district court vacated the trial and stated that a new date would not be set until Appellants paid the costs imposed as a sanction. The Court has expressly held that there is no violation of art. 1, § 8 of the Wyoming Constitution when a district court orders a trial postponed until sanctions are paid.

Conclusion: Appellants were provided with ample opportunity to comply with the Court’s order prior to dismissal. Appellants implied throughout their brief that the discovery requests were unduly burdensome and overbroad. They could have objected to the requests or moved for a protective order. Failure or refusal to comply was not an alternative available under the rules.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/ox6es9 .

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