Nevertheless, the court cannot conscientiously characterize plaintiff's claim as meritorious. Plaintiff's persistent refusal to subject his allegations of injury to scrutiny through the normal discovery process must engender skepticism. Plaintiff's total, continuing and flagrant violations of the federal rules and court orders, the resulting delay and practical inability to move this case, the absence of any justification and the continuing prejudice to defendant particularly militate in favor of dismissal. Plaintiff invoked the judicial process and then effectively thwarted discovery and ignored court orders to proceed properly to litigate this action. The jurisprudence on sanctions for abuse of the judicial process and the power of a court to manage its docket can have little practical meaning or effect if the court were not to take potent action in such circumstances.
Dismissal is a sanction for egregious cases.
This is such a case. The court has encountered no case involving a more pervasive or persistent disregard of discovery rules or court orders. Enough is enough. Plaintiff's claim will be dismissed. An appropriate order will be entered.