HAMILTON MILLER & BIRTHISEL ATTORNEYS WIN MOTION TO STRIKE ADVERSARY'S PLEADINGS FOR FAILURE TO PROVIDE COURT ORDERED DISCOVERY
 

Great Lakes Reinsurance (UK) Plc., v Maria Arbos,
Case No. 08-20439-CIV-UNGARO, United States District Court for the Southern District of Florida
 
Third Party Defendant Rickenbacker Marine, Inc. ("RM") filed a motion to strike the pleadings of Defendant, Maria Arbos ("Arbos") for her continued failure to provide discovery in violation of a court order.
 
In August 2008, RM served Arbos with Interrogatories and Request for Production.  Arbos failed to respond and RM moved the court to compel production of the outstanding discovery.
 
On October 29, 2008, RM filed a Motion to Strike Arbos' Pleadings for her failure to appear for deposition and failure to provide discovery.  The court ordered Arbos to respond to the discovery by November 12, 2008, stating that failure to comply with any part of the Order may result in an entry of default and/or striking the pleadings or other sanctions.  Arbos moved the court for an enlargement of time to comply with its Order, which was granted.  An extension was again granted, and again violated leading to the filing of a Motion to Strike the Pleading.
 
Arbos failed to comply with the court's Order, and in response, RM moved to strike Arbos' pleadings.  The District Court for the Southern District of Florida granted the Motion and held that it was "of paramount importance to the continued vitality of the Court's authority that parties comply with the Court's Orders and that willful and/or bad faith noncompliance is punished appropriately."  The court dismissed Arbos's Third Party Complaint against RM with prejudice.