Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Plaintiff’s Bad Behavior Dooms NJ Employment Lawsuit

Author: Scarinci Hollenbeck, LLC

Date: March 8, 2013

Key Contacts

Back

A recent decision by the Appellate Division should serves as an important  warning to New Jersey litigants. The court dismissed a plaintiff’s employment discrimination lawsuit after she failed to comply with discovery requests and related court orders.

The Facts of the Case 

In Fik-Rymarkiewicz v. University of Medicine and Dentistry of New Jersey, the plaintiff filed a complaint against her former employer, the University of Medicine and Dentistry of New Jersey (UMDNJ), and two supervisors. The lawsuit alleged employment discrimination, hostile work environment, and retaliation in violation of the New Jersey Law Against Discrimination (LAD).

During the course of discovery, the plaintiff was unwilling to answer questions and provide discovery. For instance, she refused to provide defense counsel with the name of her immigration attorney and turn over copies of her tax returns. She also stated that she would only “answer only questions which are related to the time I was working for Dr. Sharma and UMDNJ.”

At a subsequent court hearing regarding the discovery issues, the judge dismissed the complaint without prejudice pursuant to 4:23-5(a)(1), subject to a rescheduled deposition. After another unsuccessful deposition, defense counsel again sought to dismiss the case. However, the judge denied the defendant’s motion to dismiss the complaint with prejudice and ordered that plaintiff’s complaint could be reinstated if she produced documents regarding her publications, tax returns for 2005-08, and the name of her immigration attorney. Although the plaintiff ultimately produced the tax returns, she unilaterally redacted them. The court eventually dismissed her complaint with prejudice.

The Court’s Decision

On appeal, the Appellate Division found that the lower court did not abuse its discretion in dismissing the suit. “We are thoroughly satisfied that plaintiff demonstrated contumacious behavior, ignored court orders, and obstructed discovery of information that is directly relevant to her primary emotional distress claim,” the panel concluded.

As further explained by the court, the failure to respond to defendant’s document demands can be grounds for dismissal under New Jersey’s rules of discovery. The court further held that compelling the plaintiff to produce certain documents “imposed no more than what the [discovery] rule mandated” by requiring plaintiff to produce “fully and responsive” discovery as a condition to reinstatement of the complaint.

The Appellate Division also rejected the plaintiff’s argument that the judge abused her discretion by dismissing the complaint with prejudice under Rule 4:23-5(a)(2). It noted that even though she was warned repeatedly that refusal would result in the dismissal of her case, the plaintiff still  made a “deliberate decision to withhold relevant discovery.” Thus, the panel found the sanctions imposed were not unjust or unreasonable.

As this case highlights, the penalties for failing to comply with discovery requests can be severe. Therefore, it is important to work with your attorney to devise reasonable solutions to protect your rights through the use of protective orders, privilege exceptions, and other tools, while maintaining compliance with court rules.

If you have any questions about this case or would like to discuss the legal issues involved, please contact me, Christine Vanek, or the Scarinci Hollenbeck attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"
Legal Issues Before Bringing on Investors post image

Legal Issues Before Bringing on Investors

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]

Author: Dan Brecher

Link to post with title - "Legal Issues Before Bringing on Investors"
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!