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Kuznyetsov v. West Penn Allegheny Health System

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


November 22, 2010

ANDREW KUZNYETSOV, ET AL., PLAINTIFFS,
v.
WEST PENN ALLEGHENY HEALTH SYSTEM, INC. ET AL., DEFENDANTS.

The opinion of the court was delivered by: Ambrose, District Judge

MEMORANDUM ORDER OF COURT

With respect to certain Plaintiffs who were the subject of Defendants' Motion for Partial Summary Judgment / Involuntary Dismissal (Docket No. 255), I ordered on October 19, 2010, as follows: 1) That Angeline Angelo shall provide questionnaire responses by October 22, 2010, or otherwise her claim may be involuntarily dismissed with prejudice for failure to participate in discovery; and 2) That Soosan Jacob provide three available dates for her deposition to Defendants by October, 25, 2010, or otherwise her claims may be involuntarily dismissed with prejudice for failure to participate in discovery. (Docket No. 337). "Despite best efforts, Class Counsel has been unsuccessful in securing a completed questionnaire from Angeline Angelo and completing a deposition with Soosan Jacob. Class Counsel is not confident that further efforts would yield these individuals' participation in the discovery process. Given this Court's previous Order, Class Counsel has notified these individuals that their continued failure to participate in discovery will result in their dismissal." (Docket No. 368). I find the continued failure to participate in discovery by these Plaintiffs demonstrates a conscious and deliberate desire not to participate in the litigation. Therefore, dismissal is warranted as these Plaintiffs (Angeline Angelo and Soosan Jacob) and they shall be dismissed for this case pursuant to Rule 41(b).

Additionally, Defendants have requested that be permitted to take the deposition of seven Plaintiffs who remain in the lawsuit and who represented that they are now willing to appear for deposition. (Docket No. 349). As a discovery matter, this issue should be decided in the first instance by the Special Master. Consequently, if Defendants intend to proceed with such a request, they must proceed with the issue before the Special Master.

Donetta W. Ambrose United States District Judge

20101122

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