McKenzie v. Scheeler

James R. McKenzie (McKenzie) appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on its order dismissing his complaint with prejudice and from the District Court’s subsequent order denying his motion to alter or amend the order of dismissal. We affirm.

We restate the issue on appeal as whether the District Court erred in dismissing McKenzie’s complaint with prejudice for failing to comply with discovery procedures and scheduling orders.

BACKGROUND

On December 8, 1994, McKenzie, a Canadian citizen, filed a complaint against Valentine M. Scheeler (Scheeler)…