Charles Evans, III v. Nebraska Beef, Ltd., No. 14-1673 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil Case - employment. Dismissal without prejudice as sanction for willfully disregarding order compelling discovery and after a warning was proper.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1673 ___________________________ Charles Evans, III lllllllllllllllllllll Plaintiff - Appellant v. Nebr Beef; Tony Joy, Nebraska Beef Ltd. lllllllllllllllllllll Defendants Nebraska Beef, Ltd. lllllllllllllllllllll Defendant - Appellee Ken Bell; Jerry Beninato; Marvin Schreck; Mike Thatcher; James Timmerman; Dolese Tippery; Mario Villarreal; Yas Yokozeki lllllllllllllllllllll Defendants ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: September 5, 2014 Filed: November 7, 2014 [Unpublished] ____________ Before BYE, SMITH, and KELLY, Circuit Judges. ____________ PER CURIAM. Charles Evans appeals the district court’s1 dismissal of his lawsuit against his former employer. After careful review, we conclude that it was proper for the district court to sanction Evans for willfully disregarding an order compelling discovery, and that the court imposed an appropriate sanction by dismissing the action without prejudice, after Evans had been warned of the possibility of dismissal. See Rodgers v. Curators of Univ. of Missouri, 135 F.3d 1216, 1219, 1221-22 (8th Cir. 1998) (finding of willful disregard of order is reviewed for clear error; selection of sanction is reviewed for abuse of discretion; concluding that district court did not abuse its discretion in dismissing action). We further conclude that the remaining issues raised by Evans on appeal are meritless. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. -2-
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