BALOGH
v.
HOME DEPOT U.S.A., INC.

M.D. Fla. | 2019-08-27
No. 8:18-cv-1810
2016 WL 7446630 District Court, M.D. Florida (2019) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

The court held that the plaintiff committed fraud on the court through material and false testimony and discovery responses regarding his medical history and injuries.

Facts & Procedural History

Plaintiff provided false testimony and discovery responses concerning his medical history, injuries, and their cause. The court found this constituted…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics
Materiality Of False Statements Fraud On The Court Perjury

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Opinion of the Court

This cause came before the Court at the hearing held August 16, 2019, on Defendant’s motion to dismiss the case for fraud (Dkt. 25). For the reasons discussed on the record, the Court finds, by clear and convincing evidence,

Plaintiff committed fraud on the Court and perjured himself. His testimony and discovery responses as to his medical history and the injuries and their cause were material, and false. In accord with this Court’s admonition that the case would be dismissed

with prejudice and the Court’s duty to protect the integrity of the judicial system, this case is dismissed with prejudice. See Parcher v. Gee, No. 8:09-cv-857-T- 23TGW, 2016 WL 7446630, at *8-11 (M.D. Fla. Oct. 19, 2016) (granting motion to dismiss with prejudice based on fraud on the court and citing Chemtall Inc. v. Citi-Chem, Inc., 992 F.Supp. 1390, 1408 (S.D. Ga. 1998)), adopted by 2016 WL

7440922 (M.D. Fla. Dec. 27, 2016). Any lesser sanction would be ineffective. Accordingly, Defendant’s Motion to Dismiss Case for Fraud Upon the Court (Dkt. 25) is granted. The Clerk is directed to enter judgment against

Plaintiff and in favor of Defendant and close the case. DONE AND ORDERED at Tampa, Florida, on August 27, 2019.

s/William F. Jung

WILLIAM F. JUNG

UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO: Counsel of Record

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Citator

Cited By

  • Balogh v. Home Depot U.S.A., Inc., 2016 WL 7446630 (M.D. Fla. 2019)
    …case is dismissed with prejudice. See Parcher v. Gee, No. 8:09-cv-857-T- 23TGW, 2016 WL 7446630, at *8-11 (M.D. Fla. Oct. 19, 2016) (granting motion to dismiss with prejudice based on fraud on the court and citing Chemtall Inc. v. Citi-Chem, Inc., 992 F.Supp. 1390, 1408 (S.D. Ga. 1998)), adopted by 2016 WL 7440922 (M.D. Fla. Dec. 27, 2016). Any lesser sanction would be ineffective. Accordingly, Defendant’s Motion to Dismiss Case for Fraud Upon the Court (Dkt. 25) is granted. The Clerk is directed to enter…
    1 / 2
  • Pullen v. Brown (M.D. Fla. 2020)
    …willful contempt (contumacious conduct); and (2) the district court specifically finds that lesser sanctions would not suffice.” (emphasis in original)). See also Soto, 281 F. Supp. 3d at 1321, 1323; Parcher v. Gee, No. 8:09-CV-857-T-23TGW, 2016 WL 7446630, at *8-11 (M.D. Fla. Oct. 19, 2016), report and recommendation adopted, No. 8:09- CV-857-T-23TGW, 2016 WL 7440922 (M.D. Fla. Dec. 27, 2016) (finding dismissal with prejudice was warranted where the plaintiff fabricated an incident report to…
    1 / 2

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