Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

Plaintiffs Markyl Lee and Promises to Keep, LLC, failed to produce documents in response to a discovery request. They then proceeded to violate two judicial orders compelling production of those documents. After âpatiently affording the plaintiffs chance after chance,â the district court dismissed the case as a sanction against Plaintiffs. Plaintiffs appealed the dismissal. The Tenth Circuit held that â[o]ur justice system has a strong preference for resolving cases on their merits whenever possible, but no one. . .should count on more than three chances to make good a discovery obligation.â The Court affirmed the lower courtâs dismissal of Plaintiffsâ case.