Michael R. Wood, Individually and Dba National Photo Services v. Willard W. McEwen Jr.

Michael Wood appeals from the district court’s dismissal of his action to set aside a prior judgment. This action and the appeal are frivolous and call for the imposition of damages.

In May, 1972, Wood filed a pro se action against Chace Company Advertising, Inc., and Thomas Chace, alleging copyright infringement, antitrust violations and defamation in connection with photographs that Wood took for Chace.

During the next two years, the parties engaged in discovery and the court held nine hearings on the difficulties which the defendants were experiencing in obtaining discovery from Wood. The defendants complained of Wood’s recalcitrance. They requested the appointment of a special master to supervise discovery. At their suggestion, District Judge Robert J. Kelleher appointed Willard W. McEwen, Jr., a part-time United States Magistrate as special master.

Notwithstanding McEwen’s supervision, Wood continued to refuse to participate in discovery. During his deposition, he refused to abide by McEwen’s rulings and refused to produce documents, even though he had already stipulated to their discovery.

The defendants filed an ex parte application to dismiss the action and filed…