Motion to Dismiss by Defendant for Failure to Produce

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

______________________________

) Case No.:

Peter Plaintiff, )

Plaintiff, )

)

v. )

Donald Defendant, )

Defendant. )

______________________________)

Movant: __________

Respondent: __________

MOTION BY DEFENDANT

TO DISMISS LAWSUIT WITH PREJUDICE

FOR FAILURE TO COMPLY WITH DISCOVERY ORDER

The Defendant Movant, __________, by and through his attorneys, hereby requests that this honorable court issue its order dismissing the Plaintiff’s complaint in its entirety, with prejudice, for a repeated failure by Plaintiff to comply with Defendant’s Notice for Production and the Plaintiff’s failure to comply with the court’s order in that regard, and the Defendant further requests that this court impose sanctions upon the Plaintiff by requiring him to pay to the Defendant those reasonable costs and attorney fees incurred by Defendant with respect to this motion. The basis for this motion is as follows:

1. The Defendant, in accordance with the court applicable rules, submitted a Notice for Production to the Plaintiff on _____, 20__ requesting the production of __________ at the offices of __________ located at _______.

2. The requested items are contained within the Notice for Production and in the Motion to Compel Production, previously filed herein; a copy of...