Bakewell

INTRODUCTION

This appeal follows the imposition of $22,685 in discovery sanctions against defendant OneUnited Bank (OneUnited) and its general counsel Robert Cooper. The trial court awarded the sanctions in connection with its grant of plaintiff Danny Bakewell, Sr.’s motion to compel Cooper’s deposition. OneUnited resisted Bakewell’s attempts to depose Cooper, claiming Cooper’s back pain so impacted his cognitive and physical abilities that he was completely unavailable. The trial court disagreed, finding that sub rosa video evidence of Cooper engaging in everyday activities and his conclusory doctors’ notes showed there was no substantial justification for the claim that Cooper was too unwell to participate at all in a deposition. OneUnited argues we should reverse the monetary sanctions order, which the court imposed jointly and severally against OneUnited and Cooper. We find no abuse of discretion and affirm. Defendant Kevin Cohee (OneUnited’s majority owner, chairman, and chief executive officer) has also appealed. We dismiss his appeal as the court imposed no sanctions against him; because he is not aggrieved by the order at issue, he lacks standing to appeal.

FACTUAL AND…