No. 23A698

Martha Carrascal v. American Airlines, Inc.

Lower Court: Fourth Circuit
Docketed: 2024-01-29
Status: Presumed Complete
Type: A
Tags: discovery-sanctions dismissal employment-discrimination judicial-discretion pro-se-litigant rule-37
Latest Conference: N/A
Question Presented (AI Summary)

Whether a district court may impose the sanction of dismissal under Federal Rule of Civil Procedure 37(b)(2)(A)(v) for a plaintiff's failure to comply with discovery obligations without first considering less drastic alternatives

Question Presented (OCR Extract)

No question identified. : FILED: November 2, 2023 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-1746 MARTHA CARRASCAL Plaintiff Appellant v. AMERICAN AIRLINES, INC. Defendant Appellee JUDGMENT In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. /s/ NVAMAKA ANOWI, CLERK UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-1746 MARTHA CARRASCAL, Plaintiff Appellant, v. AMERICAN AIRLINES, INC., Defendant Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. Submitted: October 31, 2023 Decided: November 2, 2023 Before HARRIS and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Martha Carrascal, Appellant Pro Se. Daniel E. Farrington, Lauren Genvert Goetzl, FISHER & PHILLIPS LLP, Washington, D.C., for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Martha Carrascal appeals the district court’s order dismissing her employment discrimination action as a sanction for failing to comply with her discovery obligations pursuant to Fed, R. Civ, P. 37(b)\(2\(A)(v). After reviewing the record, we conclude that the district court did not abuse its discretion in dismissing Carrascal’s action. See Mey v. Phillips, 71_F.Ath 203, 217 (4th Cir. 2023) (stating standard). Accordingly, we affirm the district court’s judgment. Carrascal v. Am. Airlines, Inc., No. (E.D. Va. June 15, 2023). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED

Docket Entries

2024-01-29
Application (23A698) granted by The Chief Justice extending the time to file until March 31, 2024.
2024-01-25
Application (23A698) to extend the time to file a petition for a writ of certiorari from January 31, 2024 to March 31, 2024, submitted to The Chief Justice.

Attorneys

Martha Carrascal
Martha A. Carrascal — Petitioner