United States Eighth Circuit

In plaintiffs' appeal from the district court's order (i) granting defendant's motion to compel further discovery responses and requiring plaintiffs to pay $10,988.00 in attorneys’ fees and a $100 per day fine and (ii) denying their motion for reconsideration and their motion to stay the imposition of sanctions, the order is affirmed where: 1) the district court did not clearly err in finding that defendant had attempted to confer with plaintiffs in good faith; and 2) plaintiffs failed to show, with clear and convincing evidence, that defendant engaged in a fraud or misrepresentation that prevented them from fully and fairly prosecuting their case.

Appellate Information

• Decided 12/14/2010
• Published 12/14/2010

Judges

• Roger L. Wollman

Court

• United States Eighth Circuit

Counsel