Lee v. Max International, Inc., No. 10-4129 (10th Cir. 2011)Annotate this Case
Plaintiffs Markyl Lee and Promises to Keep, LLC, failed to produce documents in response to a discovery request. They then proceeded to violate two judicial orders compelling production of those documents. After “patiently affording the plaintiffs chance after chance,” the district court dismissed the case as a sanction against Plaintiffs. Plaintiffs appealed the dismissal. The Tenth Circuit held that “[o]ur justice system has a strong preference for resolving cases on their merits whenever possible, but no one. . .should count on more than three chances to make good a discovery obligation.” The Court affirmed the lower court’s dismissal of Plaintiffs’ case.