251 F.3d 691 (8th Cir. 2001), 00-2908, Martin v. Daimler Chrysler Corp.

Docket Nº:00-2908
Citation:251 F.3d 691
Party Name:JOYCE ANN CHUCHIAN MARTIN, APPELLANT, v. DAIMLERCHRYSLER CORPORATION, APPELLEE.
Case Date:June 04, 2001
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 691

251 F.3d 691 (8th Cir. 2001)

JOYCE ANN CHUCHIAN MARTIN, APPELLANT,

v.

DAIMLERCHRYSLER CORPORATION, APPELLEE.

No. 00-2908

United States Court of Appeals, Eighth Circuit

June 4, 2001

Submitted: April 12, 2001

Appeal from the United States District Court for the Eastern District of Missouri.

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Before Hansen, Magill, and Murphy, Circuit Judges.

Magill, Circuit Judge.

Joyce Martin brought this Title VII action against her employer, DaimlerChrysler Corporation. The district court, finding that Martin had committed severe discovery abuses, dismissed her claims with prejudice and taxed costs against Martin. Martin appeals the dismissal of her claims and asks this court to vacate the award of costs. We affirm.

I.

Martin was a resident engineer at DaimlerChrysler's Assembly Plant in Fenton, Missouri. Martin received poor performance reviews for two consecutive years and was terminated by DaimlerChrysler in June 1998. DaimlerChrysler's stated reasons for terminating Martin were poor performance and attendance. In November 1998, Martin sued DaimlerChrysler, alleging hostile work environment sexual

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harassment, sex discrimination, and retaliation, all in violation of Title VII. In her complaint, Martin alleged that she had suffered mental and emotional distress as a result of DaimlerChrysler's conduct.

DaimlerChrysler served written discovery, interrogatories, and requests for documents on Martin, and took her deposition over the course of six days. In her deposition, Martin twice testified that she had never been a party to another lawsuit, specifically denying that she had been involved in any litigation while at her previous job at American Airlines. DaimlerChrysler subsequently learned that Martin had sued American Airlines in Oklahoma state court and in the Northern District of Oklahoma for sexual harassment, discrimination, and wrongful termination. Martin had retained several different attorneys to represent her in the Oklahoma lawsuits, and appeared in person at a case management conference in the federal court lawsuit.

DaimlerChrysler's interrogatories asked Martin to "[i]dentify each and every physician, psychiatrist, psychologist, counselor, therapist, or other mental health provider who [had] treated [her] with respect to any alleged emotional distress, anxiety, stress, embarassment, humiliation, pain and suffering or any alleged damages and injuries [she] claim[ed] in [her] Complaint to have suffered." In response, Martin listed two doctors in St. Louis, as well as "numerous phsyicians/counselors" at St. Anthony's Medical Center, also in St. Louis. In its next interrogatory, DaimlerChrysler asked Martin to "[i]dentify each and every physician, psychiatrist, psychologist, counselor, therapist, or other mental health provider who [had] ever treated [her] with respect to any mental, psychological, psychiatric or emotional condition or complaint." Martin replied by referring to her answer to the previous interrogatory.

In deposing Martin, DaimlerChrysler posed the following questions and received the following answers:

Q: Now, at any time in your past, have you ever been treated by any type of health care...

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