Achieving the Dismissal of a Discrimination Case Brought by a Non-Responsive Plaintiff

December 17, 2019

Epstein Becker Green assisted clients in ending a lawsuit brought by a plaintiff who failed to respond to requests for discovery items.

The case began in early 2018, when the plaintiff filed a complaint, jury demand, and designation of trial counsel against our clients, one of the world’s largest retailers and its Merchandising Execution Manager, in a New Jersey Superior Court. The plaintiff asserted claims arising from her employment with the retailer as a Travel Night Merchandising Execution Associate. The plaintiff alleged that she was “subjected to a hostile work environment and was discriminated, harassed, and retaliated against on the basis of her race and sex,” in violation of the New Jersey Law Against Discrimination, and unlawfully terminated from her employment.

During the discovery phase of the lawsuit, our clients requested that the plaintiff respond by a set date to certain document requests and interrogatories; however, the plaintiff failed to respond. Accordingly, Epstein Becker Green, on behalf of our clients, filed a motion to dismiss the plaintiff’s complaint for failure to respond to document requests and interrogatories. In November 2018, the court entered an order granting our clients’ motion dismissing the complaint without prejudice. Two months later, we filed a second motion to dismiss plaintiff’s complaint for failure to respond to written discovery. Counsel for all parties subsequently appeared before the court for a hearing on our clients’ motion. On March 1, 2019, the court granted our clients’ motion and dismissed the complaint with prejudice.

The Epstein Becker Green team was led by Patrick G. Brady and included Clara H. Rho.