Neither Clymore nor Sander are helpful in resolving the issues presented here. There was no discovery ordered or pending in the instant case. Neither Berg nor Berg Co. were accused of violating any pre-trial order. Rule 219 cannot form the basis for the sanction which the circuit court imposed here. Nor does Clymore hold that a court may sua sponte dismiss a plaintiffs' complaint, based on isolated acts which a court perceives to be in disregard of its authority, without affording to plaintiff a hearing.
Sander also is clearly distinguishable.
There, for almost two years, plaintiffs' counsel failed to comply with court orders. The court also ordered plaintiffs to reply to Monsanto Corporation's motion for a protective order relating to discovery on or before specific dates. Plaintiffs violated each of these orders. In addition, plaintiffs repeatedly violated court orders that struck certain allegations in plaintiffs' complaint. These court orders directly addressed pretrial issues concerning amendments to the pleadings, the simplification of issues and the court's pretrial calendar, each of which is expressly contemplated by Rule 218.