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EHRENHAUS v. REYNOLDS

No. 90-1216.

965 F.2d 916 (1992)

Jack EHRENHAUS, Plaintiff-Appellant, v. James R. REYNOLDS, Kalman Lifson, Paul E. Grinager, Alan S. Leibel, Kay Leibel, Robert W. Martin, John R.P. Wheeler, Russ Kraft, Bud Abrahamson, James Barash, R. Tim McKenna, Deloitte Haskins & Sells, a general partnership, Richard Arnold and John Does, individually and as partners doing business as Deloitte Haskins & Sells, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 29, 1992.

Attorney(s) appearing for the Case

Lawrence J. Kaiser, Lord Day & Lord, Barrett Smith, New York City (Asher Fensterheim, James M. Felix, and Elisabeth Seieroe Maurer, Fink Weinberger, P.C., with him, on the brief), for plaintiff-appellant.

Richard W. Casey, Giauque, Crockett & Bendinger, Salt Lake City, Utah, and Edwin S. Kahn, Kelly/Haglund/Garnsey & Kahn, Denver, Colo. (Ann B. Frick, Kelly/Haglund/Garnsey & Kahn, Joseph B. Dischinger, Mosley, Wells, Johnson & Ruttum, P.C., Denver, Colo., Gary F. Bendinger, Giauque, Crockett & Bendinger, Salt Lake City, Utah, Kurt Lewis and Barry Weinert, Lewis, Weinert & Powell, P.C., Denver, Colo., Christopher M. Weil and Anthony A. Petrocchi, Weil & Petrocchi, P.C., Dallas, Tex., with them, on the brief), for defendants-appellees.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and JENKINS, District Judge.

EBEL, Circuit Judge.

In this appeal, we consider the scope of a district court's discretion to dismiss a complaint with prejudice pursuant to Rule 37(b)(2)(C) of the Federal Rules of Civil Procedure as a sanction for the intentional violation of a discovery order. The court had ordered the appellant to appear for a scheduled deposition and had warned him that the court would dismiss his complaint if he did not comply. The appellant failed to attend the deposition...

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