United States Second Circuit

In consolidated actions alleging injuries resulting from exposure to toxic materials from the World Trade Center site, the district court's order denying plaintiffs' motion for an extension of time to comply with the district court's prior order to submit properly certified discovery responses, and dismissing their complaints with prejudice for failure to prosecute their cases is affirmed, where: 1) plaintiffs' statement in their interrogatory answers acknowledging that "if any of the foregoing responses are willfully false, I am subject to punishment," is not sufficient under 28 U.S.C. section 1746, which requires that a certification of the truth of a matter be expressly made under penalty of perjury; and 2) the district court acted well within its discretion in dismissing certain plaintiffs' complaints for failure to comply with repeated court orders despite numerous extensions of time to do so.

Appellate Information

• Decided 07/16/2013
• Published 07/16/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel