United States First Circuit

Dismissal with prejudice for failure to comply with discovery obligations is affirmed where: 1) even though the judgment was entered prematurely, it became final and appealable once the judge denied plaintiffs' motion to vacate the ruling, thus the court now has jurisdiction over the appeal; and 2) the district court did not abuse its discretion in dismissing the case, since the factors all supported the judge's choice of sanctions.

Appellate Information

• Decided 01/07/2008
• Published 01/07/2008

Judges

• PER CURIAM., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Laird J. Heal on brief for appellants.


• For Appellees:
  
• Andrew C. Glass, R. Bruce Allensworth, Phoebe S. Winder, Gregory N. Blase and Kirkpatrick & Lockhart Preston Gates Ellis LLP, on brief for appellees Ameriquest Mortgage Company and WM Specialty Mortgage LLC., Mark R. Freitas, George C. Rockas and Wilson, Elser, Moskowitz, Edelman & Dicker LLP, on brief for appellee Daniel J. Nigro, Esq.