Defendants acknowledge that plaintiff provided the discovery responses by October 28, 2008, and do not assert prejudice as a result of general delay, but argue that the action should have been dismissed outright because of plaintiff's failure to explain its noncompliance with prior court orders directing discovery. While the drastic relief that defendants seek was properly denied for lack of a clear showing that the noncompliance was willful or contumacious (see Delgado...
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