Novak v. Wolpoff & Abramson, LLP

Defendants-Appellants (collectively, “Wolpoff’) appeal from an order entered August 24, 2006, in the United States District Court for the District of Connecticut (Covello, J.), dismissing Plaintiffs complaint with prejudice as a result of her failure to appear for her court-ordered deposition, but imposing no other sanctions. We hold that the record is insufficient to determine whether the district court properly refused to award Wolpoff its expenses caused by Plaintiffs non-appearance after indicating on the record that it would. We therefore vacate that portion of the judgment and remand…