Rodriguez v. All American Auto Rental

The striking of an answer for failure to appear for depositions is an extreme remedy and should be employed only when the failure is willful and contumacious. However, in the case at bar, the conduct of the defendants in failing to appear for depositions for almost three years after the court-ordered date for depositions merits that sanction. The defendant Henry Heimstra purposefully avoided discovery by the plaintiffs for a period of over two years, which clearly rises to the level of contumacious conduct. When Heimstra made no effort to advise counsel of his whereabouts and attempts to…