On June 10, 2013, the United States District Court for the Eastern District of Missouri dismissed the last of three separate ADA lawsuits filed against Mickes Goldman O’Toole, LLC clients in Phelps County Missouri (the other two cases had previously been dismissed). Firm attorneys Ernie Trakas and Betsey Helfrich defended the Investment Group of Rolla (“IGR”) in the litigation.
The case, Steelman v. Investment Group of Rolla, 4:12-cv-00365, filed by Connie Steelman, alleged that IRG had violated the Americans with Disabilities Act (“ADA”) because, as a place of public accommodation, its facilities were not accessible and did not comply with ADA requirements. As in the other two cases, Mr. Trakas and Ms. Helfrich were aggressive in their defense of IGR, insisting that the Steelman participate in court ordered alternative dispute resolution, respond to discovery and make herself available for deposition. After the plaintiff had failed to comply with several court orders and failed to make herself available for deposition, Trakas and Helfrich filed a motion to dismiss asserting that Steelman had failed to prosecute her case.
In granting IGR’s motion, the Court stated that “Plaintiff has clearly failed to abide by this Court’s Orders and has failed to diligently prosecute her case. Plaintiff has also thwarted every opportunity given by the Court for her to keep her action viable.”