United States First Circuit

Dismissal of a breach of contract claim for disregard of the court's discovery and management orders and for failure to prosecute is reversed where: 1) the violation of the court orders was not as severe as the district court implied; 2) plaintiffs offered legitimate reasons for their failure to complete their depositions on the dates initially arranged by defendants; 3) defendants contributed to the delays, and were not unduly prejudiced by plaintiffs' actions; and 4) the district court gave no explanation for its conclusion that any lesser sanction would be inappropriate.

Appellate Information

• Decided 02/23/2007
• Published 02/23/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Antonio Cuevas-Delgado and Cuevas Kuinlam & Bermúdez, on brief for appellants.


• For Appellees:
  
• José Luis Novas-Debién, on brief for appellees.