What is the consequence of a plaintiff's failure to complete discovery in a motion before closing?

MultiRegion, United States of America

The following excerpt is from Payne v. Exxon Corp., 121 F.3d 503 (9th Cir. 1997):

Plaintiffs' behavior is contrary to the public interest in expeditious completion of litigation, interferes with the sensible management of this court's docket (to give but one example, plaintiffs are now offering long after discovery has closed to cure their failure to timely comply with their obligations by making themselves available for more depositions--docket 157 at p. 3) and prejudices the defendants. Mindful of the policy favoring resolution of disputes on the merits, this court has previously imposed lesser sanctions and afforded plaintiffs ample opportunity to correct the deficiencies in their discovery responses, but to no avail. Under the circumstances, it is appropriate to dismiss this action pursuant to Rule 37(b)(2)(C). Malone v.

Page 507

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