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MALLOY v. WM SPECIALTY MORTG. LLC

No. 07-1026.

512 F.3d 23 (2008)

James G. MALLOY, et al., Plaintiffs, Appellants, v. WM SPECIALTY MORTGAGE LLC, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 7, 2008.

Attorney(s) appearing for the Case

Laird J. Heal on brief for appellants.

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.

Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

PER CURIAM.

This is an appeal from the district court's dismissal of a civil case, with prejudice, based on plaintiffs' failure to respond to defendants' discovery requests. In addition to the propriety of that sanction, the appeal also presents a threshold issue of appellate jurisdiction.

The sequence of events relevant to the jurisdictional issue was as follows: After plaintiffs failed to respond to defendants' discovery requests, even after being ordered...

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