Discovery -- Three strikes and you're out!
Lee v. Max does not involve insurance, but it does involve issues that arise in many insurance (and other) cases -- discovery disputes. Here, the plaintiff failed to turn over documents in discovery, then failed to turn them over after an order compelling the turnover was granted; and then failed to timely turn them over after they were ordered to do so by the court again. The last time, they turned some more stuff over and certified under penalty of perjury that all the documents were turned over -- and then turned over some more. While the Tenth Circuit prefers that the district court say why it is dismissing a case for discovery sanctions, if the Tenth Circuit can figure it out, it can decide it. Here, it was easy to tell what happened, and the fact that the plaintiff failed to comply with two court orders on discovery was sufficient to support dismissal.
