Defendant’s Motion for Issue, Evidence, and/or Terminating Sanctions.
On September 13, 2019 the court granted defendant’s motion to compel discovery and ordered plaintiff to respond to the supplemental request for production and supplemental interrogatory without objections within ten days and to produce the documents requested in the supplemental request for production within ten days. Plaintiff was present in court and was advised of the ruling.
The proof of service of the notice of ruling filed on October 31, 2019 declares that on October 29, 2019 notice of the September 13, 2019 discovery order was served on plaintiff by mail to plaintiff’s address of record.
Plaintiff not having complied with the court’s September 13, 2019 discovery order, defendants moved for an order imposing the terminating sanction of dismissal of plaintiff’s action with prejudice for plaintiff’s failure to comply with the court’s order compelling discovery responses. The motion was heard on January 10, 2020.