Meryl Rodrigues was successful in a motion to dismiss an action today.
Meryl made repeated attempts to move the action forward, without any response from plaintiff’s counsel.
As a result of the lack of response, Meryl unilaterally scheduled a discovery of the plaintiff. The plaintiff failed to attend the discovery and no explanation was provided for the non-attendance.
Due to Meryl’s demonstrated proactive efforts to advance the case, without any corresponding efforts by the plaintiff, the court granted a dismissal.
In a handwritten endorsement, Master Robinson stated:
The record discloses ongoing attempts by the moving defendants to move the action forward, all without response by the plaintiff. These defendants have defended, served an affidavit of documents (albeit unsworn), served notice of examination, and obtained a certificate of non-attendance.
The plaintiff has failed to respond to all correspondence and provided no explanation for the apparent abandonment of this action. No response to this motion has been made and no one has attended.
In the absence of any explanation for the failure to attend examination, or comply with any obligations under the Rules regarding discovery, I am satisfied the plaintiff has abandoned this action by his conduct and exercise my discretion under r. 34.15(1)(b) to dismiss the plaintiff’s action.
The plaintiff was ordered to pay costs of the motion and the action in the amount of $7,250.