Is it below the belt to file a motion to dismiss a case with prejudice when it’s been over 80 days since the due date set by an order compelling responses to IROG & RFP?

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You’d prob be doing your client a disservice if you don’t at this point?

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No. But I would file it as a motion for sanctions for failing to comply with the previous order and make it short, sweet, and understated. Depending on the judge’s reputation for holding lawyers accountable (or lack thereof) I would also include a default dismissal as one of several suggested sanctions. Judges who are weak in such things like have it options, won’t dismiss it on the first go round and may give you an alternative sanction less harsh than dismissal and feel good about not imposing the full Monty.

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Thanks for all the help everyone!

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