No: 02-1876 NATIONAL GRANGE MUTUAL INSURANCE COMPANY v. Sharp Equipment Company of Reading Pa

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 02-1876
NATIONAL GRANGE MUTUAL INSURANCE COMPANY
v.
SHARP EQUIPMENT COMPANY OF READING PA; KOREY BLANCK
(E. D. of PA Civil No. 01-cv-00628)
SHARP EQUIPMENT COMPANY OF READING PA; KOREY BLANCK
v.
NATIONAL GRANGE MUTUAL INSURANCE COMPANY
(E. D. of PA Civil No. 01-cv-01184)
Sharp Equipment Company of
Reading, PA and Korey Blanck,
Appellants
Appeal from the United States District Court
for the Eastern District of Pennsylvania
(Civ. No. 01-cv-00628)
District Court: Hon. Franklin S. VanAntwerpen
Submitted Pursuant to Third Circuit LAR 34.1(a)
December 17, 2002
Before: NYGAARD, ALITO and McKEE, Circuit Judges.
(Opinion Filed: January 17, 2003)
OPINION

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McKEE, Circuit Judge.
Sharp Equipment Co. of Reading PA, and its sole shareholder and president, Korey
Blanck, are insureds of National Grange Mutual Insurance Co. They appeal the district
court’s order granting National Grange’s motion for discovery sanctions by dismissing
Sharp’s and Blanck’s breach of contract and bad faith actions. We will affirm.
Inasmuch as the district court has already set forth the factual and procedural history
of this case, it is unnecessary to repeat that history here. See Sharp Equipment v.
National Grange, Nos. 01-0628 and 01-1184, 2002 WL 442823 (E.D.Pa. Mar. 1, 2001).
It is sufficient to note for our purposes that the record fully supports the district court’s
finding that there have “been repeated, prejudicial, and wilful delays in document discovery,
answering interrogatories and Mr. Blanck’s depositions.” Id. at *1. Moreover, the district
court has fully and completely analyzed each of the relevant six factors we established in
Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863 (3d Cir. 1984), for determining
whether dismissal is an appropriate discovery sanction. We can add nothing to district
court’s thoughtful and searching analysis. The district court clearly did not abuse its
discretion by dismissing the actions. Therefore, we will affirm substantially for the
reasons set forth in the opinion of the district court.
TO THE CLERK OF THE COURT:
Please file the foregoing Opinion.
/s/Theodore A. McKee
Circuit Judge

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