Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: March 8, 2013
The Firm
201-896-4100 info@sh-law.comA 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.

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Author: Paul Grossman
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!