Malone v. United States Postal Service
United States Court of Appeal for the Ninth Circuit
833 F.2d 128 (1987)
After a mistrial was declared in Ann Malone's (plaintiff) civil rights suit against the Postal Service (defendant) due to her attorney's disorderly case presentation, the court issued a strict pretrial order requiring detailed witness and testimony disclosures by a set date, explicitly barring continuances or oral argument on the order; while the Government worked to comply, Malone's attorney informed the Government days before the deadline that Malone wouldn't comply, then formally objected, sought the judge's recusal, and requested a continuance. The Government moved to dismiss, and at a hearing Malone's attorney cited insufficient financial resources to comply, a claim the judge found unconvincing given Malone's other discovery spending; the court dismissed the case with prejudice, and Malone appealed.
Whether a court may dismiss a party's case with prejudice for willful noncompliance if alternative measures were attempted prior to dismissal and the noncompliant party could be presumed to know dismissal was possible.