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Rivers v. Washington State Conference of Mason Contractors2/5/2001
Kathy Rivers appeals an order dismissing her complaint with prejudice on the basis that she did not comply with a previous court order compelling her to follow discovery and case event schedule deadlines. Rivers argues that she could not have complied with the order to compel because it was entered after the deadline by which she had to comply, and that once she received the order, she responded to the discovery requests accordingly. We hold that the trial court did not abuse its discretion in concluding that Rivers failed to provide adequate answers in responding to the discovery request, her actions substantially prejudiced the opposing party's ability to prepare for trial, and lesser sanctions would not have sufficed. We also hold that Rivers was not entitled to oral argument on the motion to dismiss. Accordingly, we affirm the court's orders granting dismissal and denying Rivers' motion for reconsideration.
Facts
Kathy Rivers filed a complaint against several masonry contractors, including respondent Fairweather Masonry on March 31, 1998. Rivers alleged that between October 1995 and September 1997, she was unable to obtain work as a journey-level bricklayer because of gender discrimination in the trade.
Fairweather served its first interrogatories and requests for production of documents on Rivers on February 9, 1999. Rivers' responses were due 30 days after the date of service, or March 11. On March 9, Rivers' counsel requested two additional weeks to serve the discovery responses. Fairweather's counsel agreed to the extension on the condition that Rivers stipulate to extending the deadline for disclosing possible primary witnesses from March 15 to April 5.
On March 25, the day Rivers' discovery responses were due, attorneys for both parties had an LR 37 conference, in which Rivers' attorney requested an extension to April 2. Fairweather refused Rivers' request and on March 31 moved to compel Rivers to answer the interrogatories and requests for production of documents. Fairweather's proposed order provided that Rivers be given until April 12 to answer.
In response to the motion to compel, Rivers' counsel explained that she had been ill and out of the office the previous week and that Rivers had moved to another state. She stated that she was 'completing the interrogatories today,' but that at least three additional days were necessary to permit Rivers' review and signature. She requested that the court 'allow until April 12, 1999 to provide signed answers.'
The court granted Fairweather's motion to compel and entered the following findings: (1) Rivers failed to answer the defendant's interrogatories and requests for production of documents by the original deadline (March 11); (2) Rivers failed to object to the interrogatories and requests for production of documents, so any objections were therefore waived; (3) Rivers 'failed without excuse' to answer the interrogatories and requests for production of documents by the second deadline (March 25) established by agreement; and (4) Rivers 'demonstrated an inability to respect the deadlines established by the Civil Rules and the Case Schedule, as well as a willingness to ignore deadlines established by agreement with defense counsel,' thus necessitating action to ensure future compliance. The court ordered Rivers to 'fully answer' the discovery requests by April 12, and instructed Rivers that it would 'dismiss plaintiff's case with prejudice if plaintiff misse{d} another discovery deadline or case event deadline.'
Rivers received the court's April 16 order, requiring compliance by April 12, on April 20. The next day, Rivers answered Fairweather's interrogatories an
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