No. 18-7868

Charles L. Burgett v. The General Store No. Two, Inc., dba Marsh's Sunfresh Market, et al.

Lower Court: Eighth Circuit
Docketed: 2019-02-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure discovery-order dismissal due-process judicial-discretion lesser-sanctions prejudice procedural-fairness sanctions
Key Terms:
DueProcess
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Whether the district court is required to provide the sanctioned party with adequate due process before dismissing the lawsuit?

Question Presented (OCR Extract)

QUESTIONS PRESENTED , : 1. Whether the district court is required to provide the sanctioned party with | adequate due process before dismissing the lawsuit? 2. Whether the imposed sanction must relate to the claim at issue in the discovery order allegedly violated? | 3. Whether the district court is required to consider factors — degree of actual prejudice and effect of lesser sanctions before imposing the extreme sanction of dismissal? 5 i ,

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-03
Reply of petitioner Charles L. Burgett filed.
2019-04-23
Brief of respondent WSC Services, Inc. and Andrei Florea in opposition filed.
2019-04-09
The motions to extend the time to file responses are granted and the time is further extended to and including April 24, 2019, for all respondents.
2019-04-05
Motion to extend the time to file a response from April 10, 2019 to April 24, 2019, submitted to The Clerk.
2019-03-08
The motions to extend the time to file responses are granted and the time is extended to and including April 10, 2019, for all respondents. (Updated March 12, 2019)
2019-03-08
Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk.
2019-03-06
Waiver of right of respondents Thomas Bethel, Terry Grimmett and Matthew Payne to respond filed.
2019-03-05
Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk.
2018-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

Charles L. Burgett
Charles L. Burgett — Petitioner
Charles L. Burgett — Petitioner
The General Store No. Two, Inc., d/b/a Marsh's Sun Fresh Market
Jacqueline Annette CookFranke Schultz & Mullen, PC, Respondent
Jacqueline Annette CookFranke Schultz & Mullen, PC, Respondent
Thomas Bethel, Terry Grimmett and Matthew Payne
Julie Marie BlakeMissouri Attorney General's Office, Respondent
Julie Marie BlakeMissouri Attorney General's Office, Respondent
WSC Services, Inc. and Andrei Florea
Meagan L. Blackwell-PattersonWaldeck and Patterson, PA, Respondent
Meagan L. Blackwell-PattersonWaldeck and Patterson, PA, Respondent