Keith Mitan v. Donna Osborn, No. 14-1019 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil case. District court did not err in dismissing plaintiff's complaint as a sanction for willful violations of the court's discovery orders. [ August 01, 2014
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1019 ___________________________ Keith J. Mitan lllllllllllllllllllll Plaintiff - Appellant v. Donna Osborn; Community Publishers, Inc., doing business as Ozarks Newstand lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: July 30, 2014 Filed: August 4, 2014 [Unpublished] ____________ Before BYE, SMITH, and KELLY, Circuit Judges. ____________ PER CURIAM. Keith Mitan appeals the district court s1 orders dismissing his defamation complaint with prejudice as a sanction for discovery abuses, pursuant to Federal Rule of Civil Procedure 37(b)(2)(A), and denying post-judgment relief. Upon careful review of the record before us and the parties submissions on appeal, we conclude that the district court did not clearly err in finding Mitan willfully violated the court s clear and repeated discovery orders, and based on that finding, the court did not abuse its discretion by dismissing Mitan s complaint with prejudice. We also conclude that the court did not abuse its discretion in denying post-judgment relief. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Sarah W. Hays, United States Magistrate Judge for the Western District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. ยง 636(c). -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
