Drnek

Drnek v. Variable Annuity Life Insurance

Good Law
261 F. App'x 50
United States Court of Appeals for the Ninth CircuitDecember 21, 2007No. 05-16623California418 words

Opinion

Lead Opinion

MEMORANDUM *

Drnek appeals from the district court’s summary judgment in favor of Variable Annuity Life Insurance Company (VALIC) and from the district court’s denial of Drnek’s motion for discovery sanctions against VALIC. We affirm.

The district court did not abuse its discretion when it struck Drnek’s proposed witnesses as a sanction for Drnek’s violation of the terms of the court’s scheduling order. See Yeti by Molly, Ltd. v. Deckers Outdoor Corp., 259 F.3d 1101, 1106 (9th Cir.2001). Federal Rule of Civil Procedure 37(c) provides that “[a] party that without substantial justification fails to disclose information required by Rule 26(a) or 26(e)(1) ... is not, unless such failure is harmless, permitted to use as evidence ... any -witness or information not so disclosed.”

The district court was within its discretion when it interpreted its own extension order to leave unchanged the due dates of individual discovery elements and concluded that Drnek had missed those deadlines. Willfulness, fault, or bad faith is not required for Rule 37(c) sanctions, see Yeti, 259 F.3d at 1106 , and Drnek’s failure to meet the deadlines was neither substantially justified nor…

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