In re: World Trade Center Disaster Site Litigation, No. 12-87 (2d Cir. 2013)
Annotate this CasePlaintiffs, office cleaners in buildings surrounding the World Trade Center disaster site on and after the September 11th terrorist attacks, appealed the district court's order denying their motion for an extension of time to comply with the district court's prior order requiring them to submit properly certified discovery responses, and dismissing their complaint with prejudice for failure to prosecute their cases. Plaintiffs alleged injuries resulting from exposure to toxic materials from the World Trade Center site. The court concluded that the district court acted well within its discretion in dismissing certain plaintiffs' complaints for failure to comply with repeated court orders despite numerous extension of time to do so. The court also concluded that the district court did not err as a matter of law in interpreting 28 U.S.C. 1746 to require that a certification be made "under penalty of perjury." Therefore, the district court properly rejected the interrogatory answers of certain plaintiffs that omitted that language. Accordingly, the court affirmed the judgment.
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