Thursday, January 31, 2013

ALJ LEVIN (WASHINGTON) DISMISSES CLAIM DUE TO CLAIMANT'S FAILURE TO PARTICIPATE IN DISCOVERY OR COOPERATE WITH COUNSEL


READ FULL TEXT OF DISMISSAL - GRAY vs. GULF INTERCOASTAL

In this instance, we are confronted with a claimant who not only refuses to comply with a Show Cause Order; but, has declined to communicate in any way with his own former counsel, opposing counsel, or the court. I am, of course, mindful that Claimant is now acting, or, more accurately, failing to act, pro se; but he has been urged, without success, to seek the assistance of counsel. He has, moreover, been afforded every accommodation his  pro se status will permit consistent with the requirements of the applicable rules and due process.

Nevertheless, by his past refusals to respond to any inquiry, including proper discovery requests, and by his refusal to respond to a Show Cause Order which sought his input, Claimant has manifested a complete absence of motivation to pursue his claim.

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