How Maryland Employers Can Defend Against Sexual Harassment Lawsuits That Stall in Discovery
If you’re a small or medium-sized business in Maryland facing a sexual harassment lawsuit, the stress can be overwhelming — both financially and reputationally. But what happens when the plaintiff delays the process, ignores court rules, and fails to participate in the legal process?
This post explains how your company can use Maryland Rule of Civil Procedure 2-432 to seek dismissal of a sexual harassment case when the plaintiff refuses to engage in discovery.
🚫 When a Sexual Harassment Lawsuit Stalls
Let’s say your business has been sued by a former employee claiming harassment. The plaintiff hires a lawyer who then withdraws. A new attorney is retained, but for over six months, your company receives no response to discovery requests — no answers to interrogatories or document demands.
Even worse, the plaintiff fails to appear for her deposition twice, without notifying your legal team. These are serious violations that can potentially justify a case dismissal under Maryland civil procedure rules.
⚖️ What Is Maryland Rule 2-432 and How Does It Help?
Maryland Rule 2-432 allows a party to seek court sanctions — including dismissal — when the opposing side completely fails to respond to discovery requests, like interrogatories or requests for documents. A motion to compel isn’t required when there’s total noncompliance.
Maryland Rule 2-433 further allows courts to impose sanctions when a party fails to appear for a deposition without excuse.
🕒 When Should Your Defense Lawyer File a Motion to Dismiss?
Your company’s attorney should consider filing a motion once the discovery violations are substantial and repeated — as in the case of six months of no response and multiple missed depositions.
Courts often assess:
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The seriousness of the discovery violation
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The length of the delay
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Whether the conduct appears willful
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Prejudice to your business
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Whether lesser sanctions could address the harm
In clear-cut cases, Maryland courts have dismissed lawsuits without first requiring a motion to compel, especially where plaintiffs show no intention of prosecuting their claims.
💼 Why Businesses Should Stay Involved in Their Own Defense
Don’t assume your legal team can handle everything without input. Your company should designate a point person or liaison to:
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Communicate with your attorney regularly
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Track key case milestones
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Share internal documentation quickly when needed
Staying engaged ensures you’re aware of your options, including when to push for dismissal based on the plaintiff’s noncompliance.
✅ Key Takeaways for Maryland Employers
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Discovery delays can seriously damage a plaintiff’s case.
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Maryland Rule 2-432 and Rule 2-433 allow your attorney to seek dismissal when the plaintiff ignores court rules.
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Courts may dismiss a case without a motion to compel if violations are significant and ongoing.
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Your business must stay informed and proactive during litigation.
📝 Need Help Defending a Maryland Sexual Harassment Lawsuit?
If your business is facing a harassment claim and the plaintiff isn’t cooperating, you have legal options. Our firm helps Maryland employers protect their rights, limit disruption, and pursue strategic dismissal when justified.
Contact us today to discuss how we can help your company manage risk and resolve employment litigation efficiently.