Grounds for Dismissal
US District Judge Zachary Bluestone of the Eastern District of Missouri dismissed the claims with prejudice, meaning they cannot be refiled. According to Anadolu Agency, the judge cited Ann Altman’s "repeated failure to appear for court-ordered medical exam" and "willful" discovery violations.
In his order, Judge Bluestone wrote, "Because Annie has continued to violate her discovery obligations and forced this case to a halt through her intransigence, the Court has run out of options and, thus, dismisses her claims with prejudice."
The judge noted that Ann Altman failed to appear for an independent medical examination (IME) "on three separate occasions," despite accommodations offered by the court. These accommodations included "the presence of a female nurse, the option of traveling to Boston instead of St. Louis, and ensuring she could knit," according to the order cited by Anadolu Agency. The court stated it had "repeatedly warned Annie that her failure to appear for a court-ordered IME (independent medical examiner) would result in the dismissal of her case with prejudice."
Judge Bluestone found that her conduct amounted to "a pattern of intentional delay" and that her "explanations or excuses" were not credible. The court also granted Sam Altman’s request to dismiss his counterclaims without prejudice but denied his request for attorneys’ fees, stating that the dismissal "is a sufficient sanction."