I Really Don’t Care, Do You?

The United States District Court for the District of Columbia dismissed a discrimination claim after the plaintiff “stormed out” of her deposition

Defendant Todd Hunter, in his official capacity as Acting Secretary of the United States Department of Veterans Affairs, moves to dismiss pro se Plaintiff Gayle Brown’s lawsuit as a sanction for her failure to comply with the Court’s orders. ECF 91. Moments after this Court directed Plaintiff to answer the questions defense counsel posed to her at her deposition, Plaintiff continued to refuse to answer the questions, told defense counsel “I don’t care what Judge Cobb says; I really don’t,” ECF 91-3 at 45:17–18, and abruptly left her deposition, id. at 48:18. Unfortunately, this is the third time that the Court has been called upon to resolve an issue concerning Plaintiff’s failure to cooperate with her deposition. The Court has provided clear directives to Plaintiff, resisted imposing monetary sanctions, and warned her that failure to follow orders may result in the dismissal of her case. Because Plaintiff has made it clear that she “do[es]n’t care” what this Court orders, id. at 45:17–18, the Court finds that any further orders requiring her to cooperate with her deposition will be futile. Accordingly, the Court GRANTS Defendant’s motion to dismiss Plaintiff’s case with prejudice.

Sanction

Plaintiff flagrantly and purposefully defied orders of this Court requiring her to be deposed, even after the Court warned her that her case could be dismissed. Her conduct in refusing to answer questions and storming out of her deposition was egregious. The Court does not have an adequate explanation for Plaintiff’s behavior. It has been clear to the Court for some time that Plaintiff is not happy with the Court’s May 2023 order dismissing some of her claims; her attitude before this Court since that ruling has been far from respectful. But Plaintiff’s unhappiness with the Court, her employer, or defense counsel does not excuse her from responding to a deposition notice or complying with the Court’s orders. Plaintiff has made clear that she does not care what this Court says or directs and that she wants to exercise her appeal rights. Accordingly, the Court GRANTS Defendant’s motion, ECF 91, and dismisses Plaintiff’s case with prejudice. A separate order, which Plaintiff can appeal, accompanies this memorandum opinion.

(Mike Frisch)