Gratton v. Great American Communications

Gaile Pugh Gratton, substituted for her deceased husband, Kwame N. Gratton, appeals from dismissal of her husbands complaint alleging employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), and 42 U.S.C. § 1981. The district court dismissed Grattons case in September 1996, after Gratton failed to comply with the district courts order to provide releases to the Employers authorizing the production of his medical records. Gratton moved for reconsideration five days later, but failed to appear for the hearing, and the district court denied the motion. Gratton then filed an affidavit asserting that he never received notice of the hearing and the district court, noting that there was a confusing and complex series of events, granted Gratton a second hearing in January 1997. At the hearing, the district court found that its orders had been ignored or responded to in a cavalier way by the plaintiff on at least four occasions, and explained that it was unwilling to place additional burdens on the defendants who were not at fault at all. The court thereafter denied Grattons motion for reconsideration, and instead, granted a motion to dismiss for discovery abuses previously filed by defendants. We affirm.