During the discovery phase of a civil lawsuit, the Plaintiff requests electronic communications related to the alleged breach from the Defendant. The Defendant fails to produce the requested documents by the deadline and does not provide a valid justification for the delay. What is the most appropriate action for the Plaintiff to take next?
Request an informal extension to produce the documents.
File a motion to dismiss.
File a motion to compel outstanding discovery answers.
The correct action is to file a motion to compel the Defendant to produce answers to the outstanding discovery. Other options, such as proceeding to trial or requesting an informal extension, do not adequately address the Defendant's failure to comply. A motion to dismiss is premature, as first you would need the court order compelling discovery production.
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