Computer Task Group, Inc vs Brotby Essay Example for Free

Computer Task Group, Inc vs Brotby EssayIn 1995 William Brotby was hired by Computer Task Group, Inc. (CTG) as an information technologies consultant. Upon hiring, Brotby had to sign an agreement stating that he would be restricted to work for any CTG customers if he leftfield the company. No more than dickens years later, Brotby left CTG and began to work for one of CTGs customers known as Alyeska Pipeline Service Company. CTG, plaintiff, filed a suit against Brotby, defendant, in a federal district dally alleging prison-breaking of contract. During the production of breakthrough, Brotby refused to fully respond to CTGs interrogatories, neer gave truthful answers, filed unwarranted motions, made flimsy objections, and never disclosed all of the information that CTG sought. Brotby was fined twice by the mash and was issued fivesome separate golf-clubs ordering him to cooperate. Because of Brothbys continuous refusal to cooperate, CTG eventually filed a motion to enter de fault fantasy against him in 1999. The court grant the motion however, Brotby appealed to the U. S. Court of Appeals for the Ninth Circuit.Is continuous refusal of the defendant to produce discovery enough to warrant a default judgment by a federal district court? The federal district court granted CTGs motion to enter a default judgment. The U. S. Court of Appeals for the Ninth Circuit confirm the judgment of the lower court. Therefore, the appellate court held that in light of Brotbys horrible record of discovery abuses and his abiding contempt and continuing disregard for the courts orders, the lower court properly exercised its judgment in entering a default judgment against the defendant.The Federal Rule of Civil Procedure 37 allows the district court to enter a default judgment against a party who fails to comply with an order demanding discovery. In addition, the district court must weigh five factors in order to appropriately find if a sanction of default for noncomplian ce with discovery is grounds for dismissal.These five factors ar (1) the publics interest in expeditious resolution of litigation (2) the courts need to manage its ocket (3) the guess of prejudice to the opposing party (4) the public policy favoring disposition of brasss on their merits and (5) the availability of less forceful sanctions. When a court order is violated, the first and second factors will favor sanctions whereas the fourth will altercate the order. With regards to the first factor, Brotbys actions were deliberate he intended his actions to be as they were. Moreover, in determining whether abolishing sanctions are appropriate in Brotbys case is reliant on the third and fifth factors.Brotby violated court orders by failing to produce sufficient and factual documents, and by failing to pay one of the fines. These trivial tactics delayed the litigation process while burdening the court, and prejudiced CTG. Brotby failed to produce documents ordered by the court, an d about of what he did submit came after discovery. The withholding of important information and the time delay is sufficient prejudice towards CTG.There are three factors considered in deciding whether the district court adequately considered lesser sanctions (1) explicitly discussed the alternative of lesser sanctions and explained why it would be inappropriate (2) implemented lesser sanctions before ordering the case dismissed and (3) warned the offending party of the possibility of dismissal. The district court judge appropriately considered the alternative of lesser sanctions by ordering Brotby to comply with CTGs discovery request five times and imposing two lesser sanctions against him.However, Brotby never responded and therefore it is appropriate to discard lesser sanctions if the court anticipates continuous false misconduct. Brotby too had continuous awareness that his unwillingness to cooperate would eventually topic in a default judgment against him the judge warned him to stop playing games if he wanted to stay in the game. Therefore, the two monetary sanctions, five orders ordering him to cooperate, and repeated warnings proved enough notice that Brotbys continued failure to comply would result in default.