Supreme Judicial Court of Maine
Robert H. Terjelian v. Concord Group Insurance Company
April 13, 19921992 Me. LEXIS 70
Summary
The court affirmed the dismissal with prejudice of Terjelian's insurance action and the denial of his motion to vacate. It held that the trial court did not abuse its discretion in imposing dismissal as a sanction because Terjelian repeatedly failed to file the required report of conference of counsel despite notices, warnings, and an extension. The court also upheld the finding that Terjelian's misunderstanding of the deadline was insufficient to warrant relief.
Holding
- Whether dismissal with prejudice was an appropriate sanction for failing to comply with the pretrial reporting requirement and court orders.. The trial court did not abuse its discretion in dismissing the complaint with prejudice. Dismissal was an available sanction, and the repeated notices, explicit warnings, granted extension, continued noncompliance, and additional discovery delays made dismissal appropriate.
- Whether the denial of the motion to vacate should be reversed because Terjelian misunderstood the filing deadline.. The denial of the motion to vacate was affirmed because Terjelian's claimed understanding that the deadline was December 31 rather than October 31 was insufficient in light of the record.
Cited authorities
- Rule 16(c)(2)
- Rule 16(h)