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.

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
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!